Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 July 2014), March 1792 (17920329).

Old Bailey Proceedings, 29th March 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 29th of MARCH, 1792, and the following Days;

Being the FOURTH 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 IV. 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 Right Honourable LLOYD Lord KENYON , Lord Chief Justice of his Majesty's Court of King's-Bench; the Honourable Sir BEAUMONT HOTHAM , one of the Barons of His Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq; Common Serjeant at Law 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 Taybor

Robert Burch

John Morphey

William Smart

James Whitefield

James Fisher

Richard Jackson

George Robinson

Samuel Hale

Benjamin Hall

William Brownson

William Reeve .

First Middlesex Jury.

Thomas Briggs

Samuel Towseland

Edward Westmore

John Bagshaw

Stephen Briggs

John Powell

William Jee

William Feltwell

William Colsher

Thomas Collett

Thomas Church

Thomas Essex .

Second Middlesex Jury.

Thomas Howe

Henry Sexton

James Leader

Samuel Head

Christopher Glover

Stephen Collins

Daniel Saunders

John Allen

William King

William Bayliss

Samuel Cock

Charles Burgess .

157. JOHN FERGUSSON (a Black ) was indicted for that he, on the 2d day of March , 10 lb. of lead, of the goods and chattels of James Mitchell , did rip and cut, with intent to steal , against the statute.

JAMES MITCHELL sworn.

We have a rope-ground; John Mayor and William Moffat are interested in the walk; it is near Limehouse-hole; it is covered with tiles; over this rope-ground there is a road runs at right angles; on theright-hand, as you pass the road, is a building called the rigging-house, the gable-ends are eight feet high: when I came home, the prisoner was in custody: I examined the premises on the 3d of March, and found the lead ripped from the two gutters between the rigging-house and rope-house, not taken away; it was ripped from the nailing, and left there, and two marks of a knife; the tiles were taken off, and a hole made in the roof of the buildings.

GEORGE SCATES sworn.

I am foreman to Messrs. Mitchell and Co.: I was going down their premises; I heard the tiles rattle; I stepped out a little, and saw the prisoner taking the tiles off; I waited some time; next morning I searched, and found the lead ripped; there were two or three feet ripped from the nails; I cannot tell the weight of the lead.

A WITNESS sworn.

I was coming from the water-side; I heard there was a thief; I was set to watch him; I saw him laying in the gutter; I watched him till he dropped through the hole; then he came towards the gate, and I took him.

THOMAS HEBTHORPE sworn.

Corroborated the testimony of the last witness.

GUILTY . (Aged 30.)

Tried by the first Middlesex Jury before Lord KENYON.

[Transportation. See summary.]

158. JAMES METCALFE was indicted for feloniously stealing, on the 24th day of February last, five silver caster tops, value 5 s. five silver table-spoons, value 3 l. the goods of William Tovey ; and two silver tea-spoons, value 2 s. the goods of Ann Bolton ; in the dwelling-house of the said William Tovey .

WILLIAM TOVEY sworn.

On Friday, the 24th of February last, I was sitting at tea, about five o'clock, and had occasion to go into the yard; I saw the prisoner coming out of the parlour; I said, What do you do here? He said he wanted Mr. Jones, the watchmaker; I said, you are a thief, and I took him by the collar, and put him into the parlour; I searched him, and something fell from him; he knelt down and asked pardon, and said, that is all I got; I saw a silk and cotton handkerchief of my wife's.

ANN BOLTON sworn.

I saw the prisoner coming out of the parlour; he dropped the caster tops into a basket; I saw him feeling about the pockets of his coat, and he dropped a handkerchief; I picked it up, and he dropped on his knees.

(Another witness corroborated this account.)

JOSEPH BANKS sworn.

I was at work at Mr. Tovey's; I was called down stairs: he was on his knees, and I fetched a constable; he said that was all he had got.

JOHN GOOCH sworn.

I went into the parlour for some teaspoons just before the alarm, not five minutes before the alarm; the things were all safe.

GUILTY of stealing to the value of 5 s. only .

Tried by the first Middlesex Jury before Lord KENYON.

[Transportation. See summary.]

159. THOMAS WHITE was indicted for feloniously stealing, on the 20th of February last, two pieces of gold, called guineas, value 42 s. the property of John Holliday , Esq ; in his dwelling-house .

JOHN HOLLIDAY sworn.

On the 13th of February, the Monday preceding the 20th, I found a deficiency in some cash: on Monday the 20th I found four guineas taken from fifteen; I suspected this poor lad, who, I am sorry to say, hashad bad advisers; the prisoner was a servant to my clerk, who slept at my chambers; I took down the dates of ten old guineas; one of those found on him answered the date; there were only two guineas found, which were taken on the 20th; the prisoner was full of tears, and said little to me.

HENRY SILVERLOCK sworn.

I am clerk to Mr. Holliday: I called up the boy, who lived with me as a servant about two years and a half; on my taxing him with it, he pulled out a key, which opened the lock; I asked him what he had done with all the money he had taken; he said it was up stairs; I went up, and found two guineas, eight shillings, and some copper, which he confessed was part of what he took out of Mr. Holliday's desk.

Court. Was any thing said to him? - I said, tell the truth; the only way for you to find mercy is to tell the truth; he said he was tempted to do it.

Court. Then we must not hear what he said after that.

Silverlock. I do not know the guineas.

Deposed to by Mr. Holliday. I did not make any marks on the gold any further than taking down the dates.

Court. That is rather vague.

Mr. Holliday. It is rather vague; I do not wish to press it: one of those guineas corresponded with the date I took down.

Prisoner. I have nothing to say; I was persuaded to do it by an old man; he said there was no harm in it, and I thought no harm: I have no witnesses but my master.

GUILTY, 39 s.

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

[Transportation. See summary.]

160. RICHARD JONES was indicted for stealing, on the 12th of March , two pair of silk stockings, value 10 s. one pair of cotton stockings, value 2 s. one silk handkerchief, value 2 s. and two muslin cravats, value 3 s. the property of James Summerset .

JAMES SUMMERSET sworn.

I am a linen-draper ; the prisoner was my shopman from the 23d of January to the 12th of March, when I lost my property: before I discharged him, I sent for an officer to search his box, and we found therein the things mentioned in the indictment; the box was in a garret in my house; the prisoner was present at the search; he made no resistance, or excuse, to my recollection; the things have my shop-mark on them; I am clear they are mine.

EDWARD TREADWAY sworn.

I am the officer; I searched his box; the key was in it; he opened it directly, and the things in the indictment were found.

PRISONER's DEFENCE.

I have been in business for myself, in Glamorganshire, and I kept a few things by me, and these were part of them; Mr. Summerset frequently sent goods into the country, and these might have been brought there with his mark on them.

GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

[Transportation. See summary.]

161. ELIZABETH TERRY was indicted for stealing, on the 7th of March , one silk gown, value 10 s. two muslin aprons, value 10 s. two pair of cotton stockings, value 6 s. one calico shawl, value 7 s. a silk bonnet, value 5 s. and a calico gown, value 10 s. the property of William Rounding .

WILLIAM ROUNDING sworn.

I keep a public-house , the Dover-castle; Green-stairs, Rotherhithe ; the prisoner was my servant ; on the 7th of March, in the morning, about six, she was gone; I pursued her to Petty-France; she was found; I saw her in custody; and the things in the indictment, which were lost, were found upon her by Sarah Kirkman .

SARAH KIRKMAN sworn.

I was present at the finding the goods; I stopped them on the prisoner, and sent for a constable; she came to me on Monday morning, at half past seven, to ask for Elizabeth Mitchell; she was out of breath, a bundle in her hand, and a bonnet loose, and no hat or cloak on; she said the property was her own; I have kept it ever since.

(The things deposed to by the prosecutor and his wife.)

(The prisoner called two witnesses to her character.)

GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

[Transportation. See summary.]

162. JOHN CLACK was indicted for stealing, on the 10th of March , 24 lb. weight of sealing-wax, value 24 s.; 150 pieces of tape, value 12 s.; 500 quills, value 12 s.; and 700 pens, value 6 s. the property of William Mount , Sarah Page , Thomas Page , and James Davidson .

A second Count, Stating it to be the property of William Mount , Thomas Page , and James Davidson .

A third Count, Stating it to be the property of William Mount and James Davidson .

JAMES DAVIDSON sworn.

William Mount , Sarah Page , Thomas Page , and me, are partners; I live in Postern-row, Tower-hill; I lost the things in the indictment on the 10th of March; the prisoner, who is a hair-dresser , at seven in the morning, when he had dressed my hair, being informed by our porter he had some sealing-wax, I taxed him with it; he said nothing; I took 2 lb. of wax out of his pocket; he said nothing. (Produced, and deposed to.) I saw at his house a large quantity of tape, and quills and pens, as in the indictment; they are here; I can swear to several of the articles; they are exactly the sort we use; but the wax is from our manufacturer's.

THOMAS ATWELL sworn.

I am porter to the prosecutors: on the 10th of March, Clack came into the shop; I suspected him, and missed 2 lb. of wax, which was found in his pocket; I believe these are them.

JOSEPH WEST sworn.

I took the prisoner, and found this property, which the prosecutor owned.

Prisoner. My lawyer is not here; I have no witnesses at present; I did not know of my trial coming on till ten minutes ago.

GUILTY . (Aged 27.)

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

[Transportation. See summary.]

163. JAMES NOBLE was indicted for stealing, on the 16th of January last, one silver watch, value 25 s. a metal seal, value 6 d. two guineas and five shillings, in monies numbered , the property of John Oldfield .

JOHN OLDFIELD sworn.

I live with the Rt. Hon. Lord Douglas: on the 15th of January last I went into the house to lunch; I came back, and missed my watch; I left it in my clothes, up stairs, in my bed-room; I could hear nothing of it; the prisoner was a helper in the stables; we could not find him; I missed my money afterwards, which was two guineas and some silver; I do not say the prisoner is guilty; I pursued him no further.

JOHN WILTSHIRE sworn.

On Monday morning, the 16th of January, this said man went into a publick-house, and the landlord of the house sent to me on suspicion; I searched the prisoner, and found one guinea and a half in gold, 3 s. and 5 1/4 d. and the watch; the constable took the watch.

CHARLES HEATH sworn.

I was present at the search; I saw thewatch found in the prisoner's pocket, and the money; I have it here.

(Deposed to.)

Prisoner. I beg for mercy.

GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

[Imprisonment. See summary.] [Fine. See summary.]

164. ROBERT BELLAMY was indicted for stealing, on the 3d of March , eleven pewter plates, value 10 s. and two pewter dishes, value 4 s. the property of Thomas Mitchell .

Mrs. MITCHELL sworn.

I am wife of Thomas Mitchell; he keeps a publick-house on Great Tower-hill : on the 3d of March, the prisoner came into my house and went backward into the kitchen, and I lost eleven plates and two dishes; they are my husband's property; I can swear to them.

WILLIAM COLE sworn.

I was servant at Mr. Mitchell's; I had been out with beer, and coming back I caught the prisoner out of the doors with only this dish in his hand; it was the 3d of March, about nine at night; he was standing against a watch-house; I passed him, and returned, and saw him peeping after me round the watch-box; I went on the side of him, and saw him with the dish in his hand; I asked him what he had; he said, nothing; he dropped the dish; I took him into the house, and there were eleven plates and two dishes missing.

PRISONER's DEFENCE.

I went backwards, and the dish was lying in the yard; about a fortnight afterwards, they took me up for the robbery.

Court. What was the reason you did not apprehend him at the time? - While I was gone for a constable, he absconded.

GUILTY . (Aged 18.)

Tried by the first Middlesex Jury before Lord KENYON.

[Imprisonment. See summary.] [Fine. See summary.]

165. WILLIAM ASKEW was indicted for stealing, on the 10th of March , two silver butter-ladles, value 20 s. the property of Robert Metham .

ROBERT METHAM sworn.

I keep a goldsmith's shop , in Cheapside ; my shop has two counters; on the 10th of March the prisoner came into the shop, between twelve and one, dressed in other clothes, pretty decent; I had a quantity of plate on my right-hand counter, and had just cleaned a pair of butter-boats, and put them on the left-hand counter; he asked for a pair of silver knee buckles; I saw, by his appearance, that he was a little pickpocket; I told him to get out, that I had none for him; the ladles lay on a piece of leather that I had cleaned them with, and he hustled out the ladles and leather, and I walked after him; he dropped the leather at the door, and in his bosom was the pair of ladles; I brought him back again; as he came in at the door, he put them down on the counter; says he, I have not got them, I did not take them.

GUILTY .

Tried by the London Jury before Lord KENYON.

Court to Prisoner. This is a very early period of life for you to come to this situation; it is not from any merit in you, but in compassion to your tender years, and in hopes that your morals may be corrected, that the judgement of the Court is, that you be privately whipped , and delivered: Remember now, with gratitude and feeling, the mercy that is shewn you, and do that which can only be of use to you, in future behave with honesty.

166. THOMAS HOLMES was indicted for stealing, on the 24th of March , three brass candlesticks, value 7 s. and one copper coffee-pot, value 8 d. the property of Richard Duffield .

RICHARD DUFFIELD sworn.

I live at the corner of Darkhouse-lane; I lost the things in the indictment on the 24th of March, from out of the kitchen; ours is a publick-house; I took the prisoner with them, coming down stairs, with the coffee-pot in his breeches (the kitchen was up stairs), and the candlesticks in his pockets. (Deposed to.)

- WHEELER sworn.

I am the constable; I have had these things ever since.

GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

[Imprisonment. See summary.] [Fine. See summary.]

167. JOHN COLE was indicted for stealing, on the 16th of March , one leather pocket-book, value 1 s. the property of John Long .

JOHN LONG sworn.

The prisoner gave me a jostle, and took my pocket-book out of my fob, about ten paces from the end of Bread-street , on Friday, the 16th of March, about a quarter before one at noon; I passed him; then he passed me; I discovered it in the moment, both felt and saw him; after pursuing him a few paces, I was rudely knocked down; notwithstanding which, I kept sight of the object, and he was taken; he was not searched; I apprehended he handed the book to some other person.

Mrs. Knowlys, Prisoner's Counsel. Nobody was with this young lad at all? - I saw him and another man walking.

JOHN SAVAGE sworn.

The prisoner came into our warehouse about one, on the day Mr. Long mentions; I asked him his pleasure; he said, Mr. Tomkyns; Mr. Long came in, with his face all over blood; he said he was recommended to Mr. Tomkyns, but did not know by whom, nor for what.

Prisoner. I leave it to my counsel.

(The prisoner called one witness, who gave him a very good character, and said he would take him again.)

GUILTY .

To be privately whipped , and delivered to his master.

Tried by the London Jury before Lord KENYON.

168. JOHN DUFORT was indicted for stealing, on the 13th of March , one pair of men's leather boots, value 4 s. the property of Mary Field , widow .

MARY FIELD sworn.

I am a widow; I lost a pair of boots last Wednesday was a fortnight; I had them to clean from a gentleman in Russel-court; I do not know who took them; the prisoner was standing just by Catherine-court, where I sit; I never found them; I believe it was about four, I cannot rightly say; he staid there while I cleaned the pair of boots, and while I cleaned a pair of shoes and buckles; he asked me what it was; I said, a penny; I hung up the boots; I began to clean the buckles, and the boots were gone; the prisoner ran up Bridges-street; a gentleman pursued him, and caught him.

DUNCAN CAMPBELL sworn.

About three, on the 13th instant, I was going through Vinegar-yard; there was a call of stop thief! the prisoner also called stop thief! I saw a little parcel drop, which could not be the boots; it was picked up by a person whom I supposed to be a Jew; I stopped the prisoner; I found nothing upon him.

WILLIAM SPARKES (a little Boy) set to the Bar.

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

What is it? - It is taking the book in my hand, and kissing it.

Well, and then, after you have taken the book, and kissed it, if you do not speak thetruth, what is the consequence? - I shall go to hell, Sir.

BENJAMIN SPARKES sworn.

I saw the prisoner and another man together, and I saw the prisoner take the boots and give them to the other man, and the other man ran away, and the prisoner ran up Vinegar-yard, and there were some people standing, and he said, clear the road! clear the road! I am sure the prisoner is the man.

WILLIAM COOK sworn.

I apprehended the prisoner; I found nothing on him.

PRISONER's DEFENCE.

I never touched the boots; I am a gardener; the boy said then he did not know who took them; the constable knows that.

Court to Cook. Did you hear the boy say so, or the woman? - No, I did not.

Prisoner. I never thieved a shilling in my life, nor had a pennyworth laid to my charge before.

GUILTY . (Aged 26.)

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

[Imprisonment. See summary.] [Fine. See summary.]

169. THOMAS THORNTON was indicted for stealing, on the 22d day of March , two linen shirts, value 4 s. and one linen handkerchief, value 6 d. the property of Robert Rayner .

RACHAEL RAYNER sworn.

I am wife of Robert Rayner ; he is a gentleman's servant ; I take in washing; I lost two shirts, and one handkerchief, the 22d of March, off the rails in the garden; I saw them about ten minutes before, or hardly so much; the prisoner was taken; I never saw him on the premises; the things are mine; they belong to Mr. Wigley, in Portland-street; I had them to wash.

WILLIAM BARRINGER sworn.

I was out gathering some pots; I saw the man run through a hedge from Mrs. Rayner's, and across a field; I asked him what business he had in the fields scaling the hedges down; he said, there was no road; then some more people were after him; I ran and jumped over a river, and he ran back, and he was taken; I was a hundred yards behind; nothing was found on him.

JOHN RUDD sworn.

I took the prisoner; I was walking in the fields, and was informed what he had done; before I took him I saw him throw the two shirts and handkerchief out of his pocket; the man that picked them up is not here; he was taken in about half an hour, about a mile off; he did not go half a dozen yards after he threw the things away; I can say they are the same things he dropt; I saw them taken up directly (these are the same); I marked them.

MARY DARK sworn.

I saw the prisoner take a shirt off the pales; I gave the alarm.

PRISONER's DEFENCE.

I came out of the country for work, and going through this little village (Bayswater) I saw some people running after somebody, and I stopped, and they ran up to me and took me, and chastised me with it; I have no witnesses.

GUILTY .

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

Court. Where do you come from? - Droitwich, in Worcestershire.

[Imprisonment. See summary.] [Fine. See summary.]

170. JANE VINCENT was indicted for stealing, on the 8th of March, one linen sheet, value 3 s. the property of William James .

ELIZABETH JAMES sworn.

I am wife of the prosecutor; he lives in Church-street ; he lost a sheet, the 8th of March, from off a bed in our house; there was nobody up stairs but the prisoner, whocame to lodge that night; we took in lodgers; I had other lodgers; some time after, the duplicate of this sheet was found on the prisoner.

HENRY LLOYD sworn.

Produces the sheet, received of the prisoner, on the 8th of March, for 3 s. 6 d. it was the first time I ever saw her; I believe her to be rather an unfortunate woman. (Deposed to.) The constable found the duplicate in her pocket.

Prisoner. The sheet belonged to myself; there is no mark upon it.

Mrs. James. I have no mark, but I know it by my making.

GUILTY .

Tried by the second Middlesex Jury before Lord KENYON.

[Imprisonment. See summary.] [Fine. See summary.]

171. JOHN ROWE was indicted for stealing, on the 20th of February last, one linen shirt, value 5 s. one muslin cap, value 12 d. and one linen handkerchief, value 2 s. the property of Elizabeth Roberts , widow .

ELIZABETH ROBERTS sworn.

I live at Clerkenwell workhouse: on the 20th of February I lost the things mentioned in the indictment; I was going up Baldwin's-gardens with my property, and the prisoner attacked me; he snatched the bundle from under my arm, and ran away.

LAZARUS LAZARUS sworn.

I heard somebody cry, stop that boy; I stopped him.

Prisoner. I heard the cry of stop thief! and I ran, and they took me.

(The prisoner called two witnesses to his character.)

GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

[Imprisonment. See summary.] [Fine. See summary.]

172. SAMUEL STEVENS was indicted for that he, on the 23d day of March , with a certain offensive weapon and instrument, called a clasp knife, which he in his right-hand then and there had and held, on John Petrie unlawfully, maliciously, and feloniously, did make an assault, with intent to rob him .

JOHN PETRIE sworn.

I am a labourer ; I work for a corn-dealer : last Friday, the 23d of March, between eight and nine at night, I was going home to my lodging in Cheney's-mews; the prisoner stopped me in the road leading from the Duke of Bolton's to Gower-street; he came up to me with a great clasped knife, and said he would have my life or my money; I first passed him, and he returned and laid hold of me; a scuffle ensued, and I tried to beat the knife out of his hand; he tried to cut my throat; when he first came up, I told him he should not have my money; he laid hold of both my arms; I never lost fight of him till he was taken; there were no lamps at the place; the knife was in his hand when he was taken; I am sure I never lost sight of him.

JOHN HUNTLEY sworn.

I am an officer in the customs: last Friday I was returning from Somers'-town; we heard the cry of stop thief! we were alarmed; I met the prosecutor, and he said, for God's sake, help me; here is a man wants to murder me; the prisoner was so near, he must have heard him; the prisoner was stooping very low, or lying down; I jumped over the rail, and pursued him; he had a knife in his hand; I drove him till I came to the Duke of Bolton's rails; then I caught him by the collar; then he said, d - n your e - s, you b - r, I have no money, what do you want of me? those were the words he repeated; Brown the patrol then came up and helped me.

JOHN BROWN sworn.

I saw the prisoner at the Duke of Bolton's rails; one of the Duke's chairmen took this knife (produces a clasp knife) from him; I am sure it is the same knife that was taken from the prisoner.

HUGH O'DONNELL sworn.

Corroborated the testimony of the last witness.

Prisoner. I never was in the fields that night, or did I ever see that knife before tonight.

GUILTY . (Aged 25.)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

173. CECILIA WATERS was indicted for stealing, on the 4th of February last, two linen shifts, value 2 s. a linen shirt, value 12 d. and a pair of silver shoe-buckles, value 5 s. the property of James Barker .

ANN BARKER sworn.

I am wife to the prosecutor; I am a laundress, and employed the prisoner to work for me; we live at No. 5, in the New-road.

MARY FROGLEY sworn.

I work for the laundresses: the prisoner gave me two tickets; I had heard that Mrs. Barker had lost two shifts, and I carried the tickets to Mrs. Barker directly; the prisoner was once a laundress herself; I have worked for her.

- WARD sworn.

I am a pawnbroker; I produce two shifts; I received them from the prisoner. (Produces the shifts.)

Mrs. Barker. I received two tickets from Mary Frogley ; one of these shifts is mine; another belongs to a lady; the mark is nearly out.

Prisoner. I have nothing at all to say.

GUILTY . (Aged 31.)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.] [Fine. See summary.]

174. HARRIET WRAY was indicted for feloniously assaulting Lawrence Goodwin , on the king's highway, on the 13th of March , and putting him in fear, and feloniously taking from his person and against his will, one silver watch, value 50 s. one brass watch key, value 1 d. one man's hat, value 1 s. a muslin neck-cloth, value 2 s. a pocket handkerchief, value 6 d. a pair of gloves, value 2 d. a penknife, value 6 d. one guinea and two shillings, in monies, numbered , his property.

LAWRENCE GOODWIN sworn.

I am a taylor . On the 11th of March, Sunday, I went to dinner at an acquaintance's in Stanhope-street: we drank rather freely: coming home through Great Russel-street I met the prisoner: it was about eight in the evening: there were two others with her; they pulled me about, and took my watch: the prisoner was one who laid hold of me; she was the first; one of the others took my hat off; and I laid hold of the prisoner; then one of them came and stuck her nails into my hand. I saw the things mentioned in the indictment when I left the Crown: I could not swear who took my hat, but I know the prisoner took my watch; she had fast hold of me by the breast: they threw me down off the pavement, and ran off: I have seen the prisoner several times in Russel-street, but never spoke to her before: the prisoner might ask me for something to drink, but I cannot say whether she did or not: I am positive she is the person: I am not mistaken. On the Monday following I went to Mr. Gastrell, and informed him: we went, and he found her in a cellar in King's-head-court, Gray's-inn-lane.

Court. Did not Gastrell tell you there was a reward? - No.

Don't you know there is a reward? - No.

Have you ever found your watch? - The pawnbroker has got it: I know my watch; 225 is the number, and the maker's name is Benjamin Ronmall .

ROGER GASTRELL sworn.

The prosecutor called upon me and gave me an information of the robbery; I wentafter the girl, and found her in a deplorable state; she said, you are come about the watch; I told her she had better tell the truth: she said the watch was pawned in Wild-street, at Collins's: I went to the pawnbroker's, and found the watch, and made him bring the watch to Bow-street: this duplicate (produces a duplicate) I found in Cockpit-alley.

ANN SMITH sworn.

The prisoner came to my house and asked for a lodging. I keep a lodging-house, No. 7, Cockpit-alley, Drury-lane. I told her I could not trust her; she said she would pawn something on Monday morning; I let her stay; and accordingly on Monday she produced a watch, and said she had two children by a young man, and had got his watch to pawn, and desired me to get it pawned for a guinea, which I did, at Collins's: the girl came to my house on Sunday last was fortnight: I delivered the duplicate to Gastrell on Monday: she came back on the Thursday before, and said she had not broke her fast for two days, and I rather took pity over her, and lent her two shillings, and let her go to bed, and she let me have the duplicate of the watch.

RICHARD ROZELL sworn.

I produce a silver watch; it was pawned by Ann Smith ; I have kept it ever since. (Produced and deposed to by the prosecutor.)

PRISONER's DEFENCE.

Please you, my lord. This gentleman asked me to take him home; I did; and when he got there he said he did not like to go up stairs, because he was a married man, and was known in the neighbourhood; he was very much in liquor; and he gave me three shillings and sixpence, to have connections with me in the passage; when I went to go out I kicked something; I stooped to pick it up, and what should it be but a watch; that is all that I know about it.

Prosecutor. There is not a word of truth in her defence.

GUILTY of stealing, but not violently from the person .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

175. WILLIAM BELLAMY was indicted for stealing, on the 26th of February , one silver salt, value 2 s. the property of Denham Baron .

DENHAM BARON sworn.

I belong to the Victualling-office . I live in Thomhaugh street, Bedford-square . I missed a silver salt cellar about nine on Sunday morning.

ELIZABETH YEATES sworn.

I am nurse to Mr. Baron's child. My master lost a silver salt about nine o'clock on Sunday morning; it was on the sideboard that morning, in the front parlour. The prisoner came from Mr. Burgess, No. 3, Upper Brook-street, Grosvenor-square, with his compliments to my master, and desired to meet him before twelve o'clock that morning: this was about nine o'clock: my master was in bed: I left the prisoner in the passage; and when I went up stairs the parlour door was not shut; when I came down the prisoner was still in the passage; there were dirt marks of feet in the passage, and between the oil-cloth and the carpet in the parlour; I asked him what business he had there: I had just before cleaned the passage and parlour: I complained of his dirting the passage, and he said it was the dog's marks; I said those marks were very different from dogs mark's; I then let him out of the door, and on returning into the parlour I missed the salt; I pursued him into Chenie's-mews: he was taken there: he was walking: on searching him the salt was found upon him; William Wheeler , who took him, has the salt; I should know it again.

WILLIAM WHEELER sworn.

I am coachman to Mr. Aikin. I was in Chenie's-mews, and saw the prisoner turn into the yard; he was walking: the last witness pursued him, and cried stop thief! he did not run at first, but afterwards he did; I took him: and he said I will give you the salt, let me go, let me run. (Produces the salt.)

( Elizabeth Yeates deposes to the salt.)

Mr. Baron. This is my salt.

Court. Do you know Mr. Burgess? - No, Sir; I know no such person.

PRISONER's DEFENCE.

Please you, my lord. I was coming up Store-street, and I saw a man running; and he threw the salt away from him; I picked it up; and on the cry of stop thief! this man laid hold of me, and I put the salt into my hand; then he took me to a poulterer's door, and told me I must stay till the gentleman came; I said I would stop; they took me to the watch-house, and I was bailed till Monday, then they brought me here.

GUILTY (Aged 20.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

178. JOHN HUGGINS was indicted for stealing, on the 17th of March , one brass cock, value 6 d. and two dozen of brass curtain rings, value 2 s. the goods of Robert Clowes .

ROBERT CLOWES sworn.

I am a smith . I only prove the property.

ESTHER CLOWES sworn.

On the 17th of March, in the evening, a little after eight o'clock, I missed the things mentioned in the indictment, and several others; I insisted on searching the prisoner; and on searching him I found these things; he told me he picked them up.

ROBERT WILLIAMS sworn.

I work for Clowes. On the 17th Mrs. Clowes said, Mr. Williams I should be glad to search you; I did not refuse; nothing was found on me but my own property: then she said, Mr. Huggins, I wish to search you; upon that he put his hand in his pocket and pulled out the things, and said, I had like to have forgot, I have picked these things up, and forgot to give them to you.

LEWIS TUCKER sworn.

There is a possibility of the rings having fallen into the cellar through a trap door.

PRISONER's DEFENCE.

I picked up the things, and went out to do a job; I really forgot to give them to my mistress.

GUILTY .

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

179. WILLIAM ETHERTON and THOMAS HENBY were indicted for stealing, on the 5th of March , one pair of leather boots, value 2 s. 6 d. and other things, the property of John Grinley .

JOHN GRINLEY sworn.

I live in Tottenham-court-road . I am a baker . On the 5th of March, at twelve o'clock at night, I saw my boots and shoes, and other things mentioned in the indictment; I missed them on the 6th in the morning; I called my wife; she missed a saucepan and other things; I advertized them, and they were stopped; I went to Litchfield-street-office on Saturday; the boots were then produced, and the ham.

DANIEL HOGAN sworn.

I am a watchman. I stopped these two men after two o'clock, in Dyot-street, St. Giles's; one of them made his escape; I took him again in the afternoon; I am surethe man I took in the afternoon is the same man whom I stopped in the morning.

BOTH GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

[Transportation. See summary.]

180. EDWARD GARDINER was indicted for burglariously and feloniously breaking and entering the dwelling-house of Joseph Simpson , about the hour of ten in the night of the 23d of March , and burglariously stealing therein three pewter dishes, value 5 s. two brass candlesticks, value 2 d. his property.

JOSEPH SIMPSON sworn.

I keep the King's Arms , Newtoner's-lane . Last Friday evening my house was broke open; I was not gone to bed; the prisoner and three more came in and called for a pot of beer, and brought some sausages; I dressed them; they went for some more, staid an hour and a half, paid their reckoning, and went away about ten; in about ten minutes I heard a noise in the kitchen; the kitchen is divided from the tap-room about breast high, and a curtain over it; I undrew the curtain, and saw the prisoner taking the candlesticks off the shelf; the three pewter dishes were gone; here is the candlesticks; he was alone in the place; another got over the wall; he was discharged; the door was locked; there was a window in the kitchen, which was shut down, but not fastened; I had not put it down to my knowledge; I do not know I had been in the kitchen that evening; I never saw the dishes since; they were all I had; I saw them that evening: I called to the prisoner as he was taking the candlestick, but he would take them, and did, and jumped out of the window; I seized him in the yard; these are the candlesticks.

WILLIAM STIRRUP sworn.

I picked up one of the candlesticks, and the other I took from under the prisoner's jacket: I was in the house at the time drinking a pint of beer.

PRISONER's DEFENCE.

I was in the publick-house most of the evening, and tossing up for liquor: I went to the necessary, and heard somebody, and Mr. Simpson stopped me.

GUILTY of stealing, but not of the burglary . (Aged 20.)

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

[Transportation. See summary.]

181. WILLIAM DEAN was indicted for stealing on the 20th of February last, a black silk cloak, value 21 s. the property of John Chiffley .

MARY CHIFFLEY sworn.

I am wife of John Chiffley , I lost a black mode silk cloak at the end of Greek-street , coming from work, at half past seven; the prisoner came from behind me, and he came before me and stopped me, and pulled the string of my cloak, and it went off my shoulders in a moment's time; he run down Greek-street, and I called out stop thief! he was stopped directly, I lost sight of him, I saw him soon afterwards in the patrol Sloper's custody.

SIMON SLOPER sworn.

The cloak was not found; I was on my duty, and turned on hearing the cry of stop thief! I saw the prisoner and two others running down the street; I slipped and fell, it was frosty; I caught the prisoner; says he, I had no hand in it: the woman came up and charged him with taking the cloak.

Court to Mrs. Chiffley. Had you opportunity of seeing the face of the prisoner? - Yes; it was under a lamp; I am positive he pulled the string of my cloak, but I do not swear he took it off.

Prisoner. My witnesses were here yesterday, they are gone out of town.

GUILTY . (Aged 18.)

Tried by the second Middlesex Jury before Lord KENYON.

Court. What are you? - I am learning the trade of a farmer and grazier , from one Mr. Holgate, of Leeds Marsh, near Rye, in Sussex, tenant to one Squire Mansfield I think his name is, he lives at Roberts Bridge; I left him a year and a half; I have been supported since by my friends; my aunt used to support me, Old Quebec-street, Oxford-road.

[Transportation. See summary.]

182. JOHN HARRIS was indicted for burglariously breaking and entering the dwelling house of John Cocker , on the 25th of March , and feloniously stealing therein a pair of leather breeches, value 10 s. and a pound and a half of red lead, value 2 d. the goods of the said John Cocker .

A second count, charging him with breaking and entering the said dwelling house, with an intent to steal.

JOHN COCKER sworn.

I am a carpenter , I live in Tabernacle-row, in the City Road ; my house was broke open on Sunday evening last, about seven o'clock; I was sitting in my back parlour; I heard a noise up stairs, and I went to the stairs and called to know if there was any body above. I saw two men pass the landing from the back-room to the fore-room; I desired them to walk down stairs, which they did; John Harris I took in the house, the other made his escape: I took him to an officer; he examined him in my presence; nothing was found upon him; almost every thing in the room was misplaced; a pair of breeches and a paper of red lead were dropped on the landing-place; they were my property.

MATTHEW BILBY sworn.

I am a constable; I took the prisoner from the prosecutor.

PRISONER's DEFENCE.

That house was not inhabited lately; there was neither door nor window in it; I have slept in that room three months; I did not go into the house to take any thing away.

Prosecutor. I have lived in the house about six weeks.

GUILTY of stealing . (Aged 17)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

183. GEORGE ROWN was indicted for stealing, on the 21st of March , three pounds weight of hyson tea, valued 15 s. six pounds weight of souchong tea, valued 9 s. twenty-eight pounds weight of bohea tea, valued 30 s. and fifty-six pounds weight of rice, value 10 s. the property of Robert Derbyshire .

WILLIAM HASLAM sworn.

I am servant to Mr. Derbyshire; he is a wholesale grocer ; my master lost a quantity of goods on the 21st inst.; my master sent me with this parcel to the Windmill inn, St. John's-street; not knowing the inn, I passed it, and the bag was then in my cart; I stopped my horse and enquired for the Windmill, and they told me I was past it; presently after I missed the goods, and jumped out of the cart, and ran after the prisoner; I did not see the goods in possession of the prisoner, I saw them next day at Guildhall.

ROBERT NEWMAN sworn.

On the 21st inst. about a quarter past eight, coming down Turnmill-street I stopped the prisoner with the bag on his shoulder, I stopped him; he threw the bag down by which the rice parcels burst; I have kept them ever since and marked them.

WILLIAM HUNT sworn.

I am a porter; I was at the corner of the Bowling-alley, in Windmill-street, and saw the prisoner stopped.

JAMES NEWAN sworn.

I was with Robert Newman ; I only know the same as my brother.

(The goods produced and deposed to.)

PRISONER's DEFENCE.

I live with a wood chopper, and had been out to sell some; on my return home a man asked me the way to Mutton-hill; I told him I was going that way, and he said if you will carry this parcel I will give you a shilling; going along Turnmill-street, these two (Newmans), stopped me.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

184. FRANCIS HUBBARD alias NOBLE , JAMES JONES alias PASTE alias DEACON , JAMES ARMSTRONG alias OGDEN , JOHN BAILEY alias TAYLOR alias DISDALL , JAMES SAVAGE , PETER DOUGLAS , JAMES FRERE , and JOHN CARRYL were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 16th day of February last, at the parish of St. Andrew, Holborn , in and upon Jordan Hosty , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of their malice aforethought did make an assault, and that he, the said Francis Hubbard , with a certain knife, of the value of 2 d. which he, in his right hand then and there had and held, in and upon the buttock of the right thigh of the said Jordan Hosty, did strike, stab, cut, penetrate, and wound; giving him, in and upon the said buttock of the said right thigh of him the said Jordan, one mortal wound, of the depth of three inches and of the breadth of one inch and a half, of which mortal wound the said Jordan, from the said 16th of February till the 24th of the said month, did languish, and languishing did live, on which said 24th of the said month, the said Jordan Hosty did die: and the indictment charges that the said James Jones alias Paste alias Deacon, James Armstrong alias Ogden, John Bailey alias Taylor alias Disdall, James Savage , Peter Douglas, James Frere , and John Carryl , feloniously, wilfully, and of their malice aforethought, were present, aiding, abetting, comforting, supporting, and maintaining him, the said Francis Hubbard otherwise Noble, to do and commit the said murder: and so the jurors on their oaths say, that him the said Jordan Hosty, the said Francis Hubbard and the other prisoners, feloniously, wilfully, and of their malice aforethought, did kill and murder , against the king's peace.

The said James Jones and James Armstrong also were charged on the Coroner's Inquisition for the said murder.

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

May it please your Lordship. Gentlemen of the jury. I have been called upon in the course of my professional duty to state to you the nature of the case against the unfortunate men at the bar; and to persons of serious and sober thinking it must have excited sensations of a very uneasy kind, to learn that you are to day to pass on the lives or deaths of so many of your fellow citizens. Gentlemen, in our journey through life we are very often cast into very uncomfortable situations; but it is your duty and mine, as it is the duty of every man, to meet his duty manfully, and to discharge it honestly: I am perfectly sure, gentlemen, that the cause of these men will be safe under your consideration, with the directions you will receive from the noble and learned judge: on the part of the defendants, they have every claim to your best and most discriminating attention; because, undoubtedly, if you should feel yourselves called upon by virtue of the oath you have taken; if you should feel yourselves called upon by the obligations of conscience to pronounce them guilty, they will have little hope of mercy in this world: on the part of the publick there are claimson you to attend to this case with the most serious and considerate caution, because it presents a murder of the most horrid and attrocious kind committed, with circumstances of defiance of all the attention of the police that have hardly been equalled in this country in modern times; there will be an end of all security in society, if crimes like this attributed to these unfortunate men should pass with impunity: gentlemen, to you I dare say it will be unnecessary to make the observation I am going to make; I make it because I know an occasion recent to us all, I mean the riots in 1780; vulgar minds were impressed with an idea that prosecutions like the present were unfit, indecorous, and not proper to be had; it has been supposed by such minds that to call on a jury to attend to the case of seven or eight persons together, is a thing not to be done in a country governed as this is by wife and just laws; gentlemen, it is of necessity that it should be done; if many persons engage in the perpetration of the same crime, they must be arraigned together, their guilt must be inquired into by the same jury, the same jury must do their best to find out and discriminate that guilt; therefore, gentlemen, it is no impeachment on the law, it is no arraignment of the proceedings of courts of justice that they should be tried together, in truth it is more beneficial for them, and those that fancy these things are injurious, if they considered the subject dispassionately, would discover, that in the way in which justice is administered in this country, it is in truth more beneficial to the parties accused than any other mode of proceeding could possibly be: gentlemen, I have the pleasure, on the present occasion, to assure you that the number of persons will not excite any difficulty in the decision; that it will be extremely easy to apply your minds to the cases of the several prisoners, under the direction, and with the assistance, you will receive from the Court: gentlemen, the first object of your enquiry will be this, whether Jordan Hosty came to his death by violent means inflicted upon him by any body; the indictment imputes that violence to the prisoner Hubbard; it will be, in point of law, perfectly immaterial whether that allegation in the indictment be true or not; because, if it should turn out that any other prisoner now arraigned gave the mortal wound, still, if Hubbard and the rest were associates in the guilt of that other person it will make no difference; but I believe it will appear from the testimony of very many witnesses, that the mortal wound, as alleged to Hubbard, is consistent with truth; you will have the goodness to direct your minds first to the enquiry whether he was guilty of the fact alleged against him, then you will see what share the other prisoners have taken in that guilt, whether they were present, whether they encouraged him, by adding to that force which he would not have had alone to perpetrate this crime, and whether they lent themselves to his guilty purpose: gentlemen, it is necessary I should state to you, that, in order to make persons accessaries, as we call it in common phrase, to the guilt of murder, it is not necessary that all of them should intend that a murder should be committed; if many persons are engaged in an illegal act, in a breach of the peace, or any assault which they do not intend shall end in murder, still, if murder is the event, it is equally murder in them all. Gentlemen, I shall now proceed to state to you the circumstances which led to this melancholy tragedy; on the 16th of February the prisoners at the bar, who had long been associates, and had infested the neighbourhood of Saffron-hill and Chick-lane, were assembled, all but Hubbard, in a publick-house at the corner of Chick-lane, known by the sign of the Crown and Anchor; about half past eight o'clock the prisoner Hubbard arrived: it is immaterial to state to you on what occasion he came there: the prisoner Frere brought in a cask of cherry brandy, which he desired the landlord to purchase of him; for reasons which were very good ones, the landlord refused to purchase it, upon which Frere spiled the cask, and gave some to the prisoners: about nine o'clock, inflamed probably with liquor,they all sallied forth to the door of that publick-house, and there they stood in a very riotous mob, accompanied by several prostitutes of the lowest order; while they were standing there a man of the name of Davis was passing along; the first act (and, gentlemen, I state this, not for the purpose of influencing your minds against the prisoners, but for the purpose of marking to you, that those who will come by and by to identify the prisoners, had the means of knowing them; they had the means of fixing their attention) a poor man, of the name of Davis, a coal-porter, was knocked down by some of this gang without the smallest provocation: I mention this only because Davis will be called to you as a witness; he will be called to identify some of the persons at the bar, and that they were so assembled: very soon after this a man of the name of Connor, a day labourer, was returning to his lodging, within a few doors, he was under the necessity, from the narrowness of the place, to pass through this gang of persons; they hustled him; and he made use of an expression, d - n you, what are you at? why do not you let people go along; upon this they fell upon him with their sticks; they beat him in a very violent manner, and he at last escaped into the Crown and Anchor; he represented his alarm, stated his fear of going home, and he begged somebody would protect him home, imagining that the presence of anybody with whom they were acquainted would keep them in order; the master was gone to bed, and the waiter could not leave the house: the poor man waited there till he thought these people were dispersed, and then he came out: I stated first these persons had beat him with their sticks, and at that time no other instrument appears to have been used; but on his coming out he found they were laying in wait for him; he found they were waiting for his coming; and as soon as he came within their reach they attacked him with drawn knives and sticks, and used him in the most cruel manner; the poor man scrambled to his lodging: he lodged at a house with a man of the same name, Connor; and Conner and the unfortunate deceased, Hosty, came out to his assistance; and as soon as they came out they were attacked by different persons, cut with their knives, and mangled in a terrible manner; at last Hosty, who had been cut and mangled, got to the door of a Mr. Carey, a grocer, he fell, and in falling, partly in the house and partly out of it, it will be proved to you by many witnesses, but particularly by Mrs. Carey, who has no doubt of the person; that as he fell, the prisoner Hubbard gave him the wound which occasioned his death; that he gave, as it appeared to her, the whole force of his body to the blow, and he accompanied it with the most horrid and violent expressions, which it is not material to state to you; they are such as make one's nature shudder, expressing the deliberate purpose of destroying this unfortunate victim: gentlemen, the poor man fell at the door wounded by the knife of Hubbard; he had pursued him to that door, he was followed by some of his associates, and he had the barbarity to jump and tread on the head and breast of the poor man; in this situation, glorying in what he had done, boasting of it, he will be described by several witnesses; gentlemen, at last the poor man was dragged into the house, and Mrs. Carey, imagining that her sex might possibly disarm the fury of these ruffians, went to the door, and desired them to go away; Hubbard was then dancing and jumping with his knife in his hand, and using the most horrid expressions, that he would have him out; he went away, and came back accompanied by several of his associates; he swore the b - y b - r was in the house, he was sure, and would have him out; gentlemen, upon this Carey and his family were alarmed for their own safety, and Carey went for a constable; and I mention this fact to you, cautioning you against accumulating this to the guilt of the prisoners at the bar; God knows, if they are guilty of the murder, it requires no aggravation of their case; but for the purpose of shewing that the witnesses who will swear to their persons, had the meansof knowing them; he made use of this expression to Carey, you will go for a constable, will you! blast you, we will give it you; and he immediately attacked Mr. Carey, and he was knocked down by these people; the wife and Fisher, a lodger, ran out to his assistance; he was laying on the ground, crying out murder, and the prisoner and some others kicking him as he lay on the ground; at that time Hubbard, Armstrong, and Jones were standing over him; Jones was attempting to jump on him; Fisher pushed him away, and had a violent blow on his head; at this time some of them exclaimed, d - n you, draw your knives: gentlemen, after this the poor man was taken to a house in the neighbourhood, and from thence to the hospital, for a few days, when he died most unquestionably of the wound that had been given him: the question, therefore, that you have to decide is, whether you can trust to the testimony of the witnesses; if you believe them, if you believe them persons deserving of credit, if you believe they tell their stories in a manner not to excite suspicion, not to excite an apprehension that they are imposing upon you, if you believe they are not mistaken, it will be your duty to pronounce him guilty of the murder, and it will be also your duty to pronounce what share all the other prisoners had in the transaction: the evidence against them is undoubtedly extremely different; as to some of them it will be proved by many witnesses, as to others there will be fewer persons, and those to whom they will swear will be less connected in the transaction: I will direct your attention to some of those against whom undoubtedly the evidence does not appear to be so pregnant; with respect to the prisoner Savage, he was one of those who composed the gang in Brewhouse-yard, but I am not able to connect him with the door of Mr. Carey, or with the actual time of the murder; I am sure if any merciful distinction can be made, it will be made, and urged to your consideration by the highest possible authority; gentlemen, with respect to one of the prisoners I shall be able to prove by one witness, that, if he was not connected with the murder, he was afterwards, while the windows were breaking, one of those that were standing there and laughing at the transaction; with respect to the rest, I shall prove them guilty, I am afraid, by many witnesses: and, gentlemen, it is lamentable indeed that the law has called upon you to make so many victims to publick justice; you and I have nothing to do with that; it is your duty and mine to attend honestly and fairly to the consideration of the facts; and though the consequence of your verdict may be the offering up to publick justice and society many victims, though it may inflict you with pain, yet it will not induce you to swerve from your duty; and though your situation be undoubtedly a very unpleasant one, yet you will meet that situation like me, and discharge it like honest men, looking neither to the right hand nor to the left, but doing your duty as the evidence shall compel you: gentlemen, I shall call the witnesses, many of whom have felt terror in coming forward; but I hope they will learn that they are under the protection of the Court, and that nothing can happen to them for telling the truth; and God forbid they should state either more or less: gentlemen, I shall now proceed to call the witnesses in support of the facts I have related to you, and I doubt not but on the result of the whole, your verdict will be such as to meet the approbation of the publick.

(The witnesses examined separate.)

JOHN MILES sworn.

(Examined by Mr. Knapp.)

I am a waiter at the Crown and Anchor the corner of Chick-lane, and was so the 16th of Feb. last; I know the prisoners, and saw all of them on that day; they were there the middle of the day and all the day but Hubbard, who did not come till eight or nine, some little I think before nine, and Douglas not after five or six. They staid in our house after Hubbard came inabout a quarter of an hour or twenty minutes; they, to the best of my knowledge, had a little bit of a cag with some liquor in it, that was Frere; they drank some of the liquor, and Dildale had some beer; I remember Armstrong going out first and they all absconded the house about ten minutes before nine; I never saw them again that night. After they were gone out about three or four minutes, I heard a woman cry out murder, and then the man that is here, Connor, came into our house running, with his nose and mouth bleeding, as with a blow, not a cut; I cannot say I know any of the people that followed him; I did not see Connor after that time; I did not go out after, I kept the door bolted.

Prisoner Hubbard. Do not you recollect seeing me in this house after? - No.

Prisoner Armstrong. Was not I in the house, in the tap-room, when Connor came in? - No, I saw none but Connor.

JAMES CONNOR (the lodger) sworn.

Mr. Garrow. What are you? - A labouring man; I lodged at this time in Brewhouse-yard, No. 2, with James Connor ; coming along there were a parcel of men and women, about five or six, if not more, standing, and they kept hustling me about as I attempted to pass them; I damned them for not letting quiet people go by about their business, and they came on me with bludgeons and sticks; the men and the women thumping me, and I ran into the Crown and Anchor. I asked Miles for his master; he was gone to bed; I went into the parlour; I continued a few minutes; I had not a mind to drink; I looked out and saw nobody; in going out in about half a score yards they attacked me a second time; I did not see the knife, but I saw the bludgeons; but I received this cut over the cheek (a long scar) and another cut over the mouth, either by a knife or a tool; I called out for relief; some of them were round me, and my landlord came and took me in doors; I did not see the deceased then; I observed James Armstrong (that is the man) he was one of those that struck me with a bludgeon; I noticed his face well; I am absolutely certain to him; I cannot swear distinctly to the persons of any of the others; they followed my landlord and I in, and knocked and bustled at the door, and broke one of the panes in the one pair of stairs; my landlord went out and was struck over the head, and he shut the door; I stopt some time, stopping my blood with cold water for half an hour, then I went to the surgeon.

JAMES CONNOR (the landlord) sworn.

I live in Brewhouse-yard, Chick-lane, about 30 yards from the Crown and Anchor; the last witness and the deceased both lodged with me; about ten minutes before nine my namesake came within a little of the door; the deceased and I sat together; Connor cried out I am beat! I knew his voice. The deceased said to me, do you go out and bring him in, I suppose he is jawed by an old woman; I went out and saw three men and two women; I observed no strokes nor who the people were; I got him into the house; I took notice of his wounds; my hat was cut; then I missed Hosty; I did not see him out of doors afterwards; then the door was put to; they followed to the door and rattled at it; I did not see the deceased again till I saw him in the hospital; I made no observations who the persons were.

CHARLES GILL sworn.

I a shoemaker in Field-lane, close by Brewhouse-yard; about five minutes before nine I went to the castle to get a pint of beer, and I had not been in one minute before I heard the cry of murder, and I saw a man lay bleeding at the door; I do not know who it was, it was not Hosty nor Connor, there were a number of people; I called them blackguards for using a poor man so: one of them came up to me and said he would cut my bloody Irish blood out; then I went into the Castle, I heard more noise; I ran out again; I saw severalpeople making towards Brewhouse-yard; and Carryl running out of the Crown and Anchor, and I saw, I dare say a dozen beating Connor; I cannot say who beat him; I saw Carryl hit nobody, only saw him running; I do not know whether they had any offensive weapon. A lamplighter came up and I took his light and lighted Connor in doors, and there was Pace and Armstrong flourishing their sticks; I did not see them hit any body; I saw Connor, the landlord, open the door, and one of the men hit him with a stick; I do not know who that was; I got back to the Castle, but the door was shut; when I came back, I saw Bailey at the corner of the gate-way, at Brewhouse-yard; I think he is the man that followed me to the posts with a knife, which I saw, and threatened to cut my head off; he was called Disdale, in the mob: I saw him have no knife at the corner. When I saw the deceased Hosty, running up Saffron-hill, as if getting from the mob, and I thought Carryl was pursuing him; I saw him have no weapon; I went into the Castle and they shut me in; I never saw the deceased again till after he was dead.

Prisoner Carryl. What coloured coat had I on? - A light-coloured coat, which I took to be a dark drab.

THOMAS HARDY sworn.

I am a butcher, No. 13, Field-lane. On the 16th of February, about nine in the evening, I heard a squall by a woman; I ran to the corner of Chick-lane, and saw a man run with a blue jacket and trowsers on, that was the deceased, and another man in a light-coloured coat, and I followed him; they ran up Saffron-hill, when they came to Mr. Carey's door the deceased slipt and fell down; the man that pursued him, whom I believe to be Hubbard, I cannot be positive to his face, but every other appearance was like him; he gave him three or four kicks, and gave him three or four strokes with his right hand on his right buttock, which was uppermost, drawing his hand backwards and forwards; he put his hands against the two half-doors and kicked him in doors, and the doors were shut; after that the man that I supposed to be Hubbard, I cannot say exactly, he called him a bloody b - r; he got into the middle of the road and called out you b - rs bring me a pistol, and he swore he would shoot the bloody b - r: he ran down Saffron-hill directly, I saw him come up the hill again in three or four minutes; there were several came with him, I do not know any of them; he returned to Carey's house and said the bloody b - r was there; he would have him out, and there was a skirmish some few minutes, then they returned down to Harris's shop; I cannot say I saw any of these people at the Taylor's shop. After the riot was all over, I saw Frere at the Crown and Anchor calling to them; he was in a smock frock, and five minutes after I saw him upon the hill with the smock frock off.

Court. You seem to have been a witness to what passed for a considerable space of time; now making use of all your recollection, can you with moral certainty recollect the person of Hubbard? - I cannot say with certainty to any person; but this man Frere and Hubbard as I think.

Court. Are you pretty sure it was him? - I really think it was him.

Court. When you saw him at the magistrate's did you think he was the man? - Yes.

Have you now any doubt about his being the man? - I have no doubt but what he is the man.

Prisoner Hubbard. Whether he knew me before, or whether he goes by my having a white coat on? - I never saw him before; but by every appearance of the shape and make of him, I rather think him to be the man, by rather bending his knees.

Prisoner. You said nothing at Bow-street? - I was not called to give evidence there.

Mrs. JESSE CAREY sworn.

My husband is a grocer on Saffron-hill. On the 16th of February, about five minutesbefore nine, a man fell into the door: we were at supper: that person was Jordan Hosty, the deceased; as I was sitting at supper the prisoner Hubbard was stamping on him with the heel of his foot: the deceased's head and shoulders were inside the door, and the lower part of his body laying out: the prisoner Hubbard appeared to me to aim at his face, but stamped on the breast and stomach; I did not observe him repeat the blow, but he offered to strike him once or twice; I went to the door, and Hubbard rather drew back, and the deceased got up and passed me, and went up part of our stairs; then I pushed Hubbard from the door, and he caught hold of my hair, and pulled me off the step of the door upon the pavement; then he stood in the middle of the street, and swore he would have that b - y rogue out; I said the man did not belong to us, and he should come out, we did not want him there; he put himself into many attitudes, and put his hand into his waistcoat pocket and took out something, but I cannot tell what it was; he said, the first that came nigh him he would stab: he turned himself round after standing about five minutes, seeming to be in a great passion, and swearing he would have the man out, and ran down the street.

I would trouble you to look at him again. - Sir, I am positive to his person.

You are positive to his person? - Indeed I am, I am sure he was the man that was stamping on the man that lay on the steps; I looked particularly at him, he took up my whole attention by the manner of his behaviour.

How soon afterwards did you see him at Bow-street? - I believe it was about a week.

Did you immediately recollect him? - As soon as ever I saw him go up from the bench I recollected his person immediately.

Was he sitting alone or pointed out to you? - No, Sir, he was sitting alone.

Had you at that time, have you now, or have you at any time entertained any doubt about his person? - Not the least.

During all this transaction were there any persons at the door? - I did not see any besides him: after he ran down Saffron-hill I went into the house, the deceased was concealed under the stairs, by Mr. Cary and Mr. Sheen (a lodger) I said now is your time to go your ways, for the man that has been using you ill is gone down the street; and the deceased looked very earnestly in my face but did not say a word; while I was talking to him, Hubbard was the first person that came to the door again.

Were there any persons in company with him? - Yes there were some men came up with him but I do not recollect any of the others.

Court. At this time, when Hubbard went, do you know whether the deceased had received any wound? - Yes, he had received a wound over the face, and I believe he had received the wound of which he died. - When Hubbard came back again he jumped and said the bloody rogue was in there, fetch him out: they would have him out; Mr. Sheen recommended to my husband to go for a constable, and they went away from the door; I believe Hubbard was the first that went after my husband; I heard they had knocked him down, and I went two or three doors and my husband was laying on the ground and holding up his left hand crying out murder!

Court. Any thing that passed after the fatal blow is not material to be enquired into.

Mrs. Carey. When I came back the deceased was gone, I never saw him afterwards.

Prisoner Hubbard. You do not go by my having a white coat on? - No, I go by your face.

I have lived three years on Saffron-hill, four doors from you? - I never saw you before.

THOMAS JAMES sworn.

I am a shoemaker, No. 14, Field-lane; I was at my own house; I heard a noise at the posts; I immediately ran and saw threeor four surrounding a man in a blue jacket and trowsers (the deceased); he escaped, and ran up Saffron-hill; he was pursued by one, I did not observe his face, he was a man of my own height, rather a short man, in a drab-coloured coat; I pursued them to Mr. Carey's door, and the deceased fell, and the force of his falling burst open the door when he fell; I had a bundle about me; I made off about twenty-yards from the place; I made no observation before he went in doors; the man that pursued the deceased returned to Saffron-hill again; I cannot say I saw him again; I did not see him at all, not his face, only the colour of his coat; there were some more came up; he might be with them, but I do not know: Mr. Carey said he would fetch a constable; and they surrounded Carey, and knocked him down.

JAMES CAREY sworn.

I was at home this evening; I went to the door, but not close: on the 16th of February last, a few minutes before nine, as I sat at supper, I was greatly alarmed by a man falling against my door; I went up, and saw a man with stout thick legs, and a lightish drab coat, but rather darker by wear, it was a very old one; I cannot be sure to Hubbard, but there is none other of the prisoners so much like him; I saw that man kicking the man that lay on the ground as hard as he possibly could; I then went towards the door, but my wife went first; she laid hold of the man that was kicking by the shoulders, and they both went out of doors; the man got up, and he ran up stairs; and a lodger of mine, whose name is Sheen, met the man, and said, you shall not come here; what do you want? For God's sake, says the man, do not turn me out; if you turn me out, they will murder me: I stood at the bottom of the stairs, and the man seemed to address himself to me; Master (he was an Irishman), do not turn me out, they will murder me; I have done nothing, I never touched nor offended any of them: I looked upon it as this, that they had been a fighting, and, as the common phrase is, the man had had enough, and gave out; says I, Poor man! you seem shockingly hurt indeed; for I suppose he spilled a pint of blood from his nose, for I saw no other wound; I observed the wound across the nose very plain, it seemed to me as if I could put my finger in it; at that time I was struck more with horror than pity, the man appeared so very ghastly; says I, poor man, go under the stairs, I will go to the door and see what is the matter; while I was talking to him, the man, who he was I cannot say, came back; says he, the bl - y rogue is here; the bl - y b - r, I will have him out: I went and fetched a constable; and the same man that was stamping on the other came up to me again; I have never seen a man since, in all the times since the affair happened, like Hubbard.

Does he fully answer the impression which your mind made on itself at the time? - Yes; and another thing I took notice of, he spoke, for a little man, very strong.

Then, upon the whole, you have a strong belief that he is the man, but you do not mean to swear positively? - No, Sir, I do not mean to swear positively; but, if he is not the man, he is as much like him as two peas can be matched.

Prisoner Hubbard. Is he positive it wanted ten minutes of nine? - Yes, I will tell you why; I seldom come from my father-in-law's till nine; but I had not posted our day-book, and it wanted nine minutes of nine when I came home, and I sat down immediately to supper, and I had not had any thing; I saw your legs kicking the man; I do not positively swear that you are the same, but I firmly and sincerely believe it.

JOSEPH FISHER sworn.

I live at No. 14, Great Saffron-hill: on the 16th of February, I stood at my master's house, at the cutting-board; I heard a noise at Mr. Carey's door, and I went and saw a little man strutting before the door; I do not know who he was.

Have you seen any body since that you believe to be the man? - Yes.

Who is the person? - That gentleman there at the corner, Hubbard I believe they call him, I do not know what his right name is; I remember hearing him say, at the time, turn out that bl - y rogue; I saw the deceased, cut across the nose, bleeding.

EDWARD DREWIT sworn.

I am a hair-dresser: about ten minutes before nine, I heard a great noise on Saffron-hill, the cry of stop him; I saw the deceased, Jordan Hosty, run up the hill, crying out Murder! murder! and a man in light coloured clothes following him, with the horrid expressions, you bl - dy thief, I will murder you; and he ran as far as Mr. Carey's door, and there the man fell directly; after that, there were some people collected out at the door; I saw no more of the man; I saw the same man in the light-coloured coat, that pursued Hosty, was the man I saw attack James Carey , but I cannot take upon me to say who that man was; I did not make sufficient observation to be able to swear him.

THOMAS DAVIS sworn.

I keep the Butchers-arms, in Chick-lane: on the 16th of February, about nine at night within two minutes, I was in my parlour backwards, and was called out by my son; I went to my bar; I met my brother, with his head bleeding; I saw nothing of Hosty.

WILLIAM MACNALLY sworn.

I knew the deceased, Hosty; he was a first cousin of my wife's; he came to my lodgings about half after nine, he was in a very bad condition, no man could be worse; he had a cut in his face, and a stab in his right thigh; I kept him, washing his face, for ten minutes; and, William, says he, I believe I have got a kick at Mr. Carey's door; says I, turn down, I will see you; he turned down; says I, Jordan, you are stabbed; says he, then, I believe I am, calling me by my name; I took him to the surgeon's, and from thence to the hospital, about ten; he lived about eight days after; I went every second day; I was with him when the last surgeon dressed him; I saw him afterwards, dead; he was in as strong health before as any man would wish to be.

JOSEPH COPE sworn.

I am a surgeon in St. Bartholomew's hospital; I saw the deceased there; he had a wound on his right buttock, it appeared to be about three inches deep, and one and a half in length; he had also a cut across his face, but that appeared of very little consequence, and, having some dressing upon it, I did not examine it; I can only say, that I was called to him on account of the return of the bleeding of the wound on the buttock, that I saw him twice afterwards, and that he died on the Friday following.

Did it appear to you that the wound on the thigh had been inflicted by some sharp cutting instrument? - It did.

Would a knife have given such a wound? - Exactly.

To what do you ascribe the death of that unfortunate person? - To this wound on his thigh.

You have no doubt but that was the occasion of it? - I have not the least doubt of it.

Court. Now the time is come for you to make your defence, I think I ought to tell you, that the person who appears to be the most materially affected, and who probably in the sequel of the case will be found to be materially affected, is Hubbard; therefore he particularly should apply himself to any thing that may be of advantage to him in his defence.

PRISONER HUBBARD's DEFENCE.

I was discharged here last sessions, about half after eight; when I had my iron off, I went to the Cock in the Corner, and stopped there till it wanted ten minutes of nine; then I went up Chick-lane, to my father and mother; I have the people ready to witness that I lived there three years, two or three doors from where these people lived; I wish to speak a word relative to the kicks and bruises.

Mr. Cope. Certainly the man had some bruises on his face, but not of much consequence; his eyes were blood-shot.

Prisoner Hubbard. I had only been into Mr. Sibley's house after the affair happened, I had a pint of beer, and out.

CATHERINE SANKEY sworn.

I come to tell the time that the prisoner Hubbard was dismissed from this place when he was tried before.

What day of the month was it? - Upon my word I do not know.

Court to Hubbard. What questions would you ask?

Prisoner. What time did I leave your company after I was dismissed this Court? -

Mr. Garrow. I can say it was this day.

Court. What time did he leave your company? - Very near nine o'clock.

Where do you live? - I live on Holywell-mount, near Shoreditch.

Mr. Garrow. Where did you go to from Newgate first? - Over the way to the public-house, and from thence to the Cock in the Corner on Ludgate-hill, and he stopped there and drank; he left us there.

Before nine o'clock? - Yes.

The Cock on Ludgate-hill every body knows is not two minutes and a half walk from Saffron-hill? - I do not know, I never was there before.

ELIZABETH BROWN sworn.

Do you recollect seeing the prisoner Hubbard on the day he was discharged from this place? - Yes, I saw him between eight and nine in the public-house, the Cock in the Corner.

What time did he go out of that house? - He went from there before nine o'clock.

Court. Gentlemen of the Jury: we are now arrived to that period of the case that demands your attention; and by whomsoever it has been suggested, or on whatsoever occasion it may have been suggested, that it is uncandid to complicate together in one charge different persons, because it may distract the attention of jurors, it is ignorance, to say no more of it; for if the case connects them together, if the facts connect them, the prosecution arising out of those facts must necessarily connect them: where the facts may all of them be brought before the Court without complicating different persons in it, it is always convenient to keep the charges apart, that the attention of those who are to decide may not be distracted by different parts of the charge; but in this case it could not have been conducted otherwise than it has been; the case itself, as stated prima facie, attempts to connect all those persons in one integral act, committed at one time, and ascribing to all of them large portions of guilt, which is the guilt of some person; but, happily for those that are to decide, it is rid of all complicated circumstances; because it is fit to tell you, Gentlemen, that, as far as my observation has gone, I think that the prosecution, though fit to be inquired into with respect to all the persons that have been placed before you for your judgement, so far has failed, with respect to all except Hubbard, that I am not aware that there are any circumstances whatever that will warrant me in stating to you, in a question upon which you are to decide on the lives of these men - that there any circumstances that will attach on any of the parties besides Hubbard: Gentlemen, the law was with great accuracy laid down by the learned counsel, who opened the case on the part of the prosecution, with candour, with abilities, and with clearness; and he stated to you that which I do perfectly subscribe to, that if several persons meet together for any illegal purpose, although the purpose which they intend to perpetrate may not amount to felony, yet if so associated together, they are all of them intangled in the consequences, however enormous, however they may be enhanced beyond their first intention; and I concur further with him, in stating, that though the indictment may charge one person with giving the mortal wound, yet if the others are associated with him in the perpetration of their illegal purpose, it is of no consequence; though the mortal wound may be given by the hand of another, yet all ofthem are answerable, even to murder, for the blow given by another person: Gentlemen, I do this for the sake of stating to a pretty crouded audience, and for the sake of those other persons at the bar, that they may hereafter bear about them in their minds how necessary it is to refrain from keeping bad company, and embarking in any bad purpose; they ought to know in what peril they stand, if they associate with those who are embarked in illegal purposes, that it will be of no moment to say, I had no intention to kill; the answer of the Judge, by the Jury, will be, it is of no consequence your intention, you was embarked in illegal purposes, and all of you are answerable for the wound: Now, gentlemen, with that preface, I will proceed to state to you the evidence against these parties: [Here the learned Judge summed up the evidence, and then added] Gentlemen, this is the evidence which is called on the behalf of the prosecution; and, as I before said, I do not think this evidence contains any distinct facts strong enough to involve any of the persons in the guilt which is ascribed to them all by the indictment, except Hubbard; for it does not appear that, at the time when they were in the public-house, they had agreed to go out to commit violence; how the violence arose you are only to collect from the evidence given; and there is nothing, in my apprehension, that involves them: Now, with respect to the case of Hubbard, the lenity of the laws of the country in which we live, in various cases, though homicide happens, indulges the passions and weaknesses of the nature which we carry about us; it is not the consequence, that because a man is killed, that the hand by which he died is involved in the crime of murder; but it becomes the party to furnish the Jury with circumstances which shall in some measure apologize for what he has done, and reduce the offence to that of a less denomination than that of murder; now, in looking at this case again and again, I am not aware that any such circumstances exist; if there had been any provocation given, and men's minds had been heated, and the hand that gave the fatal blow is of his guard, owing to something that happened, this, though not sufficient completely to excuse his guilt, but to be some apology in the eye of that law which indulges the passions of men to a certain degree; if any such circumstances had existed in this case, they ought to have been laid before you; but I do not find that is the case; then how is the fact, if it comes unapologized for, and unreduced in the eye of the criminal jurisprudence of the country? That the deceased died by violence is proved, that he died by the hand of somebody is certain; but that will not be sufficient to impute blame to any person, unless the guilt of that particular person is ascertained by evidence; and, in order to do that, you have the witnesses, three or four of whom prove, and two of them speaking with positiveness, that Hubbard was the man that pursued him, that was upon him inflicting violence at the door of Carey; all the witnesses, and it is not at all to be wondered at, in a tumult, in the midst of a mob, that they did not distinctly see every act of violence that was committed; but, however, the case is not destitute of every degree of proof, because one of the witnesses, namely Hardy, swore, that, besides the kicking, he saw the hand of the person going backwards and forwards two or three times, and that that part of his body which was wounded was uppermost at the time; and though not of import singly, yet combined together it may be of much import; and you will recollect, that afterwards, when he was pursued, and apprehended the ministers of justice were after him, that he took something, which was not seen, out of his waistcoat pocket; but that it was something capable of stabbing is pretty clear, because he said he would stab any one that attempted to take him: You, gentlemen, are in arduous circumstances certainly; for though the case may not be of great difficulty, yet one pauses before one decides on the fate of a fellow-creature; and in this case are the issues of life and death, with respect to this man, in your hands; but you are not to shrink fromyour duty, you must meet it, as the learned counsel said, manfully and fairly; you must remember that, notwithstanding all the feelings of your minds, with respect to false mercy, you owe a justice to your country; and if this man is the man that shed the blood of one of his fellow-creatures, he must answer it with his own blood; and the good policy of the country, and the actual existence of a state of society, cannot exist, if, after such crimes are detected, they are not punished: you are to ascertain it: the circumstances are strong, they are given by witnesses not impeached; and the contradiction attempted to be given to them for the prisoner is certainly no contradiction at all; all that those witnesses have said may be perfectly true, and yet the case for the prosecution stand wholly unimpeached: Gentlemen, in your hands, it remains to decide on the prisoner's fate, discharging at the same time the duty you owe to the unhappy man, and not forgetting the duty you owe to the publick.

The Jury retired for a short time, and returned with a Verdict,

FRANCIS HUBBARD, alias NOBLE, GUILTY , Death .

JAMES JONES , alias PASTE, alias DEACON, JAMES ARMSTRONG , alias OGDEN, JOHN BAILEY , alias TAYLOR, alias DISDALL, JAMES SAVAGE , PETER DOUGLAS , JAMES FRERE , and JOHN CARRYL ,

NOT GUILTY .

JAMES JONES , and JAMES ARMSTRONG ,

NOT GUILTY.

on the Coroner's Inquisition.

Tried by the London Jury before Lord KENYON.

Clerk of the Arraigns. Francis Hubbard , otherwise Noble, hold up your hand; you stand convicted of the wilful murder of Jordan Hosty; what have you to say why the Court should not give you judgement to die, according to law?

(Proclamation made.)

LORD KENYON passed sentence, as follows:

Francis Hubbard , in the absence of the learned officer to whose share it generally falls to discharge the last, a most troublesome part of the duty belonging to those who execute criminal justice, my duty to the publick is not yet discharged; there remains for me still to discharge a most unwelcome task, which the necessity of the case has imposed upon me: the case has been recently given in evidence in this crouded Court, and in your hearing; all the circumstances of aggravation that belong to it are fresh in every person's mind; it would be to no purpose to go through them, in order to impress it; and I hope they have sufficiently impressed themselves on your mind, who are so seriously to answer for them: it becomes me still, out of humanity, to say a few words to you; as this case, so developed as it has been by evidence, has undoubtedly shut the gates of mercy against you on this side the grave; and by the wisdom of the law you are soon to appear at the tribunal of God, where your unalterable fate will be fixed for ever; you are going at a short period from this time into the presence of your eternal Judge; yet such is the mercy of the Judge whom you are to meet, that even this time, well employed, one would hope, might intitle you to mercy from him, who will see what the repentance is that deserves mercy; but you must not lose one minute of the short time, which the law has allotted you, to pass, without turning your mind to your eternal state, not only with the assistance that you will have, to make your peace with God; and if so, the judgement of the law in your temporal state will not be of vast importance to you, if you can insure your salvation in the more durable state: I shall have discharged the whole of my duty when I have pronounced against you the judgement of the law; and the judgement of the law,and the sentence of the Court, is, That you, Francis Hubbard , be on Monday next taken to the place of execution, and there hanged by the neck till you are dead, and your body afterwards to be dissected and anatomized, pursuant to the statute; and the Lord have mercy upon you!

Prisoner. Gentlemen, please to hear me speak; all the gentlemen in this Court are properly convinced that I am a dead man; I have it not to answer for; I forgive every body that has sworn against me; I am a dead man: as to Mrs. Carey, I forgive her for it; but I am a dead man.

The rest of the prisoners left at the bar.

Mr. Garrow. My Lord, there are charges against all these persons for offences less than this, but for dangerous crimes, and I must apply to your Lordship that they may be detained.

Lord Kenyon. Let all the rest be detained.

185. JOHN WILLIAM LOWE and JOSEPH BARTRAM were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Robinson , Esq ; about the hour of twelve in the night, on the 26th of February last, and burglariously stealing therein three bacon hams, value 18 s. and 16 lb. weight of bacon, value 6 s. his property.

JOHN TOMM sworn.

I lived with Mr. Robinson, at Sion-hill , in the parish of Isleworth , on the 26th of February; I know the house was broke open; I only swear to the property.

THOMAS FISHLOCK sworn.

I am a carter to the Hon. Mr. Robinson; I was in company with the prisoners on Sunday evening, at eight o'clock, at the Hare and Hounds, Wood-Green, about three or four hundred yards off; I was in the house from seven to eight, and left them there drinking; they had both smock frocks on.

JOHN HORWOOD sworn.

I live with Mr. Robinson; I take care of the house in the day-time; I locked it up between five and six that evening; the bacon was there then; I gave the keys to the steward, Mr. Atkinson; me and two of my fellow-servants went to the public-house; Mr. Atkinson, the steward, was at the dwelling-house, the farm-house; the drying-house, which was broke open, was within the wall which surrounds the house; we came back about eight, and went to supper at Mr. Robinson's house; we went to bed about nine; in the morning, between seven and eight, I saw a ham that was left lay on the floor; the door was safe and locked, the same as I left it; there is no window to it, only a bit of a shutter; I saw the slates were pulled off, and thrown on the green; I missed some bacon, I could not tell how much; I had been there that night; there were three hams and a small flitch gone that was between the hams; they are here.

WILLIAM ATKINSON sworn.

I had the keys in the night, which the man delivered to me.

RICHARD GOSS sworn.

I am watchman in the parish of Acton: about a quarter past two, I met a waggoner, who informed me of two thieves; and a waggon came past, and then another, and the prisoners were at top of the third waggon, a hay waggon; it was then about half past two, the 27th of February; one of the prisoners (Lowe) swore an oath, and said he should lose a good place, for he should have been at Grosvenor-square, and afterwards he said to the Fleet-market; he had two hind hams and a fore ham, and a piece of bacon tied up in a cloth; I called for a pen and ink, and set it down, and Lowe said, it is a drunken frolick, we stole the hams, and if you will let me have the little ham, you shall have the others between you; Lowe had a smock frock on, Bartram had not; I said I could not; here is a watch I wish to return to the prisoner Bartram (returnedit); Bartram said nothing, he was asleep pretty near all the time; Edward Witt was at my assistance.

EDWARD WITT sworn.

Confirmed the above account, and added, In the morning, about five, William Lowe called me out, and offered me the things to let him go.

EDMUND NORRIS sworn.

I am headborough of Acton: I had custody of the two prisoners, and brought them to Bow-street.

(The hams and bacon produced by Goss, and deposed to by John Tomm , who swears to the large ham by two little nicks in the skin, and on the little ham there are three nicks and a place that is torn; I can safely take my oath they are Mr. Robinson's; I suppose they got into the place by unroofing a part of the house, first by tearing the wood out that was nailed down to the planks, and afterwards raising the slates of the house, and laying them separate on the green; then they tore off the lath: I saw the house in this situation next morning.

Horwood. It was all safe when I locked it up.

PRISONER LOWE's DEFENCE.

I went down to see my brother, and stopped till ten, and coming up Hanwell-lane, about eighteen or nineteen yards on this side Hanwell-bridge, there was a smock frock and this property lay; I went and examined it, and a waggoner came by; I asked him to take it up; he said, no; next came by a flour waggoner, and he said he would not; next came by a hay farmer, and he said, we will take it and leave it at some public-house, that it may be owned.

Prisoner Bartram. I was with him when we picked it up.

Prisoner Lowe. Our witnesses are not here to-day.

John Horwood. The prisoner Bartram had a smock frock on at the public-house, which I cannot swear to.

Court. But at the time he had a smock frock on at the public-house, the hams were tied up in a smock frock? - Not at the public-house; he had a smock frock on.

JOHN WM. LOWE, (Aged 21,) JOSEPH BARTRAM, (Aged 35,)

GUILTY , Death .

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

186. WILLIAM MINER was indicted for feloniously assaulting John Brice , on the king's highway, on the 18th of March , and putting him in fear, and feloniously taking from his person and against his will, one silver watch, value 50 s. one steel watch chain, value 6 d. one seal, value 6 d. a metal seal, value 4 d. a key, value 1 d. his property.

JOHN BRICE sworn.

On the 18th of March, about ten o'clock in the evening, my brother and me were turning the corner of Great Newport-street , and the prisoner came behind my brother and just snatched my watch out of my pocket; a silver watch and key, and two seals, as mentioned in the indictment: I have no doubt of the prisoner: he gave the watch to another man; I saw him; the man stood in the kennel; but I took the prisoner.

THOMAS WALEY sworn.

My brother-in-law and me were walking along and the prisoner came round me and snatched the watch from him.

PRISONER's DEFENCE.

I was coming from Soho-square, from Knox's; one of these gentlemen ran against me; he seemed in liquor; he said he had lost his watch, and took hold of me and took me to St. Martin's watch-house; I was searched, and nothing was found upon me.

Court. Were you, either of you, in liquor? - I was not, nor my brother.

Prisoner. I hope I shall be permitted to go for an East India Soldier.

GUILTY , Death .

Tried by the first Middlesex Jury before Lord KENYON.

187. JENKINS RADFORD was indicted for feloniously assaulting Mary, wife of John Lewin , on the 21st of March , and putting her in fear, and feloniously taking from her person and against her will, one silk petticoat, value 2 s. one cotton handkerchief, value 6 d. and two pieces of silk, value 6 d. the property of John Lewin .

MARY LEWIN sworn.

I am wife of John Lewin ; he is a coachman . I was robbed of the things in the indictment; I was going home; I was in Green-street, Grosvenor-square , about seven at night; I think it was the prisoner; I run after him, and was very nigh taking him, but a man came and hit me a blow on the back of the neck, and pushed meagainst the wall; I continued the pursuit, and the prisoner was taken in ten minutes with the bundle, in North-row; he threw the bundle over the pales; he was never out of my sight till the people surrounded him; but I could not swear to his face, because I never saw it; he snatched the bundle off at once.

Court. Nothing passed before? - No. I know the things to be mine; some of the silk was dropped, and found by a man in Green-street; and one piece is missing.

JAMES AYRES sworn.

I took the prisoner in North-row; I saw him throw the bundle over the pails; this is the bundle.

GUILTY of stealing the goods but not violently from the person .

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

[Transportation. See summary.]

188. WILLIAM BAYLEY was indicted for stealing, on the 17th of March , one watch, the inside and outside cases made of base metal, gilt with gold, value 4 l. one steel watch chain, value 2 s. one stone seal, value 12 d. a key, value 1 d. the property of William Studley .

WILLIAM STUDLEY sworn.

I am servant to one Squire Thistleworth. I knew the prisoner last year at Brighton and at Richmond. The prisoner was out of place, and he came to beg a bit of victuals; and I left my watch with my fellow servant to get myself ready; the watch was sold to another person; I never saw it in the custody of the prisoner.

ISRAEL LEVY sworn.

The prisoner came last Saturday was a week, about nine o'clock, to my shop, No. 11, Cockspur-street, and offered this watch; I was called, and refused to buy it; he cried, and said it was all he had left, he been indiscreet enough to lose all his money by insurance, and wanted to go to his friends; I bought it of him, and gave him a guinea and a half for it; that was the full value; I am certain I bought it of the prisoner.

(The watch deposed to.)

WILLIAM RICKETT sworn.

I was fellow servant with the prosecutor; he delivered it into my hands to get my master's horses ready; I put it into my pocket, and at twelve I put it into a cupboard in the stable, and about six I went to dinner, and returned about seven; the watch was in the cupboard; then I let in the prisoner, and gave him some victuals; he staid in the stable with me a good while, and went away, and in five minutes after I missed the watch; no other person was there during the time, till after the watch was missing.

Prisoner. I have nobody to my character in the world.

GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

Court to prisoner. Where do you come from? - Out of Hertfordshire.

Court. If any mercy is shewn you I hope you will be grateful in future, and behave like a good member of society.

189. JOSEPH BOOTH was indicted for feloniously assaulting Edward Howarth , Esq. on the king's highway, on the 29th of February last, and putting him in fear, and feloniously taking from his person and against his will, one horizontal watch, capped and jewelled, the inside and outside cases both made of base metal gilt with gold, value 16 l. one silk ribbon, value 1 d. one seal, value 2 d. one key, value 2 d. his property.

(The case opened by Mr. Schoen.)

EDWARD HOWORTH sworn.

On Wednesday evening, the 29th of February, I was walking down James-street ;I observed three men; they came up to me and pushed me, not a very violent push, but so as to make me stagger; and the prisoner came and took my watch out of my fob, and he spread both his hands, and at that time I observed a man on each side of him; it was done so instantaneously, like a trick of Breslaw's, I could not prevent him; he ran up James-street; I pursued him; he crossed Long-acre, and at the corner of Cross-lane he either fell or stooped; I ran with great violence, and fell over him six yards; I followed him in a strait line: he ran obliquely up Cross-lane, and turned down Phoenix-alley; with this disadvantage I was, I dare say, ten yards behind him, and I then called out stop thief! in the alley I saw him fall; I seized him, took him to the watch-house, and the watchman examined him: it was not the man at the bar that pushed me, it seemed to be a joint push with the other two men; at that moment the prisoner came up and took my watch: I certainly never lost sight of him from the time he took my watch to the time he fell and was taken: when he was taken to the watch-house he said, Sir, you are extremely dirty; and so I was; he said, if I had been the man I should have been as dirty as you; I asked him why he ran away, if he was not the man? he said he wished to help me: I certainly saw nobody running besides the prisoner: the watch has never been found.

JOHN KNOX sworn.

On Wednesday, the 29th of February, a little after ten at night, I heard the cry of stop thief! a man came by, and I knocked him down, and Captain Howorth came up and fell over him; he was taken to the watch-house, and nothing was found upon him; I did not see any body else running at that time.

Prisoner. I was going down Phoenix-alley, and there was a cry of stop thief! and they saw me meanly dressed and took me.

Court to prosecutor. You have not a doubt of the man? - Not the least doubt.

GUILTY , Death .

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

Court to prisoner. What has been your way of life? - Selling things about the streets.

190. JOSEPH WARE was indicted for burglariously and feloniously breaking and entering the dwelling-house of Charles Cook , about the hour of nine in the night, on the 25th of March , and feloniously stealing therein, one cloth coat, value 3 l. a linen sheet, value 3 s. and a beaver hat, value 3 s. his property.

CHARLES COOK sworn.

I live No. 6, in Thanet-place, Temple-bar . On the 25th of this month I went from my dwelling about nine; in a few minutes after I was fetched back, and the prisoner was in custody.

MARY DICEY sworn.

I live at Mr. Cook's. On Sunday last, the 25th of March, I heard a noise on the stairs; I was on the kitchen stairs; and a gentleman went up with me; it was about twenty minutes after nine; we went up stairs into the bed-room, and the gentleman lifted up the vallances of the bed, and the prisoner was under the bed; that is the man.

DAVID RANDALL sworn.

I lodge next door to the prosecutor; and there was an alarm by the servant of thieves; I lifted up the bed clothes in the bed-room, and the prisoner was there.

MARY GROVES sworn.

My master and mistress went out about nine on Sunday evening. I was putting some flowers in water; and I told my fellowservant I heard a rustling, and within three stairs of the kitchen; I went across the way and called the maid; and at the next door a gentleman came and went up stairs; when I shut up the windows there was a coat on one of the dining-room chairs, and a hat and sheet on the table; they were gone; all the doors and windows were shut; I saw afterwards the staircase window open, with the print of a man's feet on the stone-work; at twenty minutes after nine I went up stairs, and saw that window shut; nobody went up after me till the gentleman.

Prisoner. I have nothing to say, only they say a great deal false in it.

Court. Why, was not you found under the bed?

Prisoner. Yes; but that young woman was not present as she says.

GUILTY , Death . (Aged 19.)

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

191. JOHN MULLINS and JAMES CROW were indicted for feloniously assaulting John Aspinall , on the king's highway, on the 24th of March , and putting him in fear, and feloniously taking from his person and against his will, a pair of breeches, value 2 s. a pair of shoes, value 1 s. a pair of stockings, value 1 s. a pair of buckles, value 1 s. and seventeen shillings in monies numbered , his property.

JOHN ASPINALL sworn.

I live in the county of Durham. I was at Wapping-wall between the hours of eleven and twelve, near twelve, on the 24th of March; I was going on board my vessel, laying at Stone-stairs; I was mate of her; there were three men, I think no less; one knocked me down on my back, and applied his foot to my stomach; then he put a knife to my throat, and took these things; (repeats the articles mentioned in the indictment.) I was stunned by the blow so that I am not able to swear to them, and it was a dark night.

JOHN KEEP sworn.

I am headborough. On Sunday mornning, the 24th of March, about one o'clock, I apprehended Mullins with this bundle on him in the street; he had the things under his jacket; there was another person with him, who escaped.

(The clothes produced and deposed to by the prosecutor.)

JOHN COOK sworn.

I apprehended Crow in New Gravel-lane, Shadwell; I did not find any thing on him.

JAMES M'CULLOCK sworn.

The two prisoners and I went out together; Mullins knocked the gentleman down, and Crow took the money out of his pocket; Mullins took his breeches off his nakedness.

Court. What share had you? - I had six shillings, so had Mullins, and Crow and Mullins had the clothes.

(The two prisoners said M'Cullock knocked the prosecutor down, and committed the robbery.)

JOHN MULLINS (Aged 22) JAMES CROW (Aged 20)

GUILTY , Death .

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

192. JOHN HOPPER was indicted for burglariously and feloniously breaking and entering the dwelling-house of Robert Doe , about the hour of seven in the night of the 15th of March , and burglariously stealing therein, six shirts, value 30 s. two shifts, value 5 s. a neck handkerchief, value 4 s. twelve pocket ditto, value 6 s. and one towel, value 1 d. his property.

ELIZABETH DOE sworn.

On the 15th of this month we lost some linen, six shirts, two shifts, four neck handkerchiefs,one dozen pocket handkerchiefs, and a towel; I had taken them in to wash; I had seen them at half past seven, and missed them in five minutes after; they were in a front room on the ground floor; I was going to take my clothes in that were hung up to dry; the window of the fore room was pushed up, and the things taken off a table; I saw the things at Mr. Staples's on the 16th of March.

JOHN COOK sworn.

(Produces the goods.)

I am a headborough. On the 15th of this month, between the hours of seven and eight in the evening, I stopped the prisoner at the bar with this property; I stopped him in Whitechapel, within two hundred yards of the house.

(Produced and deposed to.)

GUILTY, of the larceny, not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

193. WILLIAM EDWARDS was indicted for stealing, on the 8th of March , thirty-two quires of paper, called printing demy, value 20 s. the goods of Millar Richie and James Sammels .

MILLAR RICHIE sworn.

(The prisoner desired the witnesses to be examined separately.)

I am a printer , partner with James Sammels . The prisoner was a journeyman of mine. On the 8th of this month (Thursday) we lost this paper; I missed it about half past two o'clock from the warehouse; he was obliged to go through this warehouse to the room were he worked: I found the paper in Osborn-street, Whitechapel; it is better than a mile from my house; I found it at a Mr. Needs's; I know the paper to be mine by some ink marks, and the dog and cat had been over it; Robert Dawson took it in his possession, and has it now; I found the first parcel on the 8th, and the other on the 9th of March; on the 8th I found eleven quire; about two or three and twenty in the whole.

Prisoner. Did not you promise if I confessed I should go free? - I really did not.

Court. Did he confess any thing without a promise? - He did; he said he bought it.

Prisoner. The constable was present when you made the promise.

FRANCIS M'GOWIN sworn.

I am servant to Messrs. Richie and Sammels. On returning from my dinner up London-wall, I met the prisoner with a bundle of paper on his head; on seeing me he turned back and ran away; I told my master; in the afternoon the prisoner returned and went to business; about eight o'clock he was called down; I did not make any observation on the paper he had on his head.

Prisoner. How came you not to stop me? - He ran away.

EDWARD NEEDS sworn.

I keep a cheesemongers shop in Brick-lane, Spital-fields. On the 8th of March the prisoner brought a lot of paper, and I bought it; it weighed eleven pounds; I bought it for shop use; he said it belonged to himself: on the 9th of March, I was not at home, the prosecutor came to me on the evening; the prisoner came first, and said, the paper I sold you you must deliver up, as it was not honestly come by; I delivered it up.

ROBERT DAWSON sworn.

I am a victualler. I went to Messrs. Richie's office and saw the prisoner; I asked him what he had been doing; he said, I have been robbing my master: what have you robbed him of? he said, a quantity of paper, which he had sold in Brick-lane, Spital-fields; we took a coach, and wentto Needs: he said to Needs, Sir, I will be obliged to you if you will let me have the paper back which I sold to you, for, to tell you the truth, it is not honestly come by.

(Produces the paper.)

Prisoner. Did not the prosecutor say, that if I confessed he would let me go about my business? - I never heard any such thing.

PHILIP JOCELYN sworn.

I am a constable. I only produce some paper.

- BURROWS sworn.

On Thursday, the 8th of this month, the prisoner was asked by my master how he came by that paper; he said he had it from Davis's printing-office; Mr. Richie said it was no such thing, for he knew more about it than he imagined; then he said he would fetch it back; Mr. Richie said, somebody must go with him.

JAMES LEE sworn.

On the 8th of March the prisoner came up into the shop and made use of these expressions to a Mr. Sill,

"the coast is clear, and we may take what we please:" Sill is gone into the country.

Prisoner. Please you my lord. I have nothing to say, but to leave it to your lordship and the gentlemen of the jury. I expected some friends from the country, who are not come.

GUILTY . (Aged 48.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

194. ANTHONY BIGGS and THOMAS LISSON were indicted for stealing, on the 23d of March , forty-eight glass bottles, called quart bottles, value 5 s. the property of Benjamin Barley .

BENJAMIN BARLEY sworn.

On the 23d of March I lost four dozen of quart bottles, they were brought up into a back court behind my house to be washed; I heard nothing of their being taken till the prisoners were in custody in the counter; I saw them at Guildhall on Saturday the 24th; I cannot swear to the bottles.

SAMUEL FLUSH sworn.

On Friday night last I saw the two prisoners going up the passage with a hamper of bottles. I live at Mr. Blades's, on Ludgate-hill. Mr. Barley has a place in the passage where he washes his bottles; the prisoners had a hamper of bottles; I called to them, and they set them down immediately; they took them up and went across the way; I followed them, and a constable stopped them, and took them to the Compter; and some other person took the bottles.

Barley. There was no thoroughfare through the passage.

PHILIP JODDRELL sworn.

On Friday night, the 23d of March, I met the two prisoners: one said they were glass bottles, and the other said nothing.

ANTHONY BIGGS (Aged 22) THOMAS LISSON (Aged 19)

GUILTY .

Transported for seven years .

Tried by the London Jury before Lord KENYON.

195. PAUL LEWIS ZAFIER (a black ) and MARY FARLEY were indicted for burglariously and feloniously breaking and entering the dwelling-house of Robert Christie , about the hour of two in the night, on the 21st of March , and burglariously stealing therein, a gold watch, value 4 l. a stone seal set in gold, value 10 s. a muslin gown, value 40 s. a pink satin petticoat, value 40 s. a silk cloak, value 40 s. a damask petticoat, value 6 s. a chain, value 4 s. a necklace gilt with gold, value 10 s.the property of Elizabeth Mayles , spinster; a man's linen shirt, value 5 s. the property of Cornelius Laen Murphy .

A second count, stating, that they did feloniously steal the said goods about two in the night, and afterwards did break the said house to get out of the same, against the statute:

And THOMAS SHIRLEY was indicted for that he, on the 22d of March , feloniously did receive part of the said goods, knowing them to have been stolen .

ELIZABETH MAYLES sworn.

I lived at Mr. Christie's, at the time of the robbery, that was the 21st of March, his house is No. 2, Newman-street : I was at home that night; I was asleep.

MARGARET SMITH sworn.

I was in the house that night; I went to bed about eleven on the 21st of this month; I did not see the house fastened; about a quarter past eleven I heard some persons come into my room, I was in bed; I then lodged in the second floor; at a quarter past two somebody came in again; the servant-maid said she was to sit up to wash, I thought it was her; and about five minutes after four I heard some person enter the front room, and got out of bed to see if I had lost any thing; I missed nothing, and saw no body, but heard some body go down stairs: about a quarter before seven I rang the bell, I got up, but I knew nothing that happened till between ten and eleven that day: I lost no property.

ROBERT CLAYHOLME sworn.

I know that the black prisoner I saw at eight o'clock, or thereabouts, that evening; he went out, and next morning this man came to my house.

MARY CLAYHOLME sworn.

The black prisoner lodged with me between three and four months, always very sober and steady till this affair happened; the next morning he came into my shop and sent for a sheet of paper and sealed something up, and gave it to me, and desired me to give it to nobody else.

Do you know of your own knowledge that he was out that night? - No, I was in bed.

MARY EDALL sworn.

Do you know any thing about this robbery? - No; help me God! I do not.

JOHN MILLER sworn.

I am an officer; I went to the black's lodgings on the 22d of March, in the evening, the day of the robbery, and the master of the house, Mr. Clayholme, delivered to me this watch and a necklace, which Jaffier had sealed up.

Court to Mr. Clayholme. Did you deliver that watch and necklace to Miller? - Yes, I did; in the morning I received this from my wife.

Mrs. Clayholme. I delivered them to my husband when the officer came in: the prisoner Jaffier gave it me in the morning about nine, sealed up in three sheets of paper; I did not know what it contained; I delivered it exactly in the same state in which I received it.

Elizabeth Mayles deposes to the watch and necklace; I am sure the chain is mine, because there is a stone out; I swear to the watch; they were in Mr. Christie's house the night of the robbery, I saw them; the watch was in my sleeping-room, and the necklace was in the drawers in the drawing-room; I did not sleep in the same room with Mary Smith .

Mr. Garrow, prisoner's counsel. I observe, Madam, that this watch is called the property of Elizabeth Mayles , spinster; do you know any lady of that name? - My name is Mayles.

How long has it been Mayles? - Ever since I was born.

Upon your oath, Madam, is not your name Murphy, and has it not been so for a considerable time past? - No, Sir, my name is Mayles.

You never passed by the name of Murphy in your life, upon your oath; Mr. Christie and his family did not know you at the time of this robbery by the name of Murphy, that is a very plain question, capable of a very plain answer of yes or no. - Yes, Sir, I went by the name of Murphy.

And till after this robbery was committed you was understood to be Mrs. Murphy: we shall by and by enquire whether you are not the wife of Captain Murphy ? - No, Sir, I am not; I did pass as his wife.

Is not this watch his property? - No, Sir, it is my own.

How did you get it? did you buy it with monies of your own? - Yes, Sir, with monies of my own.

Not of Captain Murphy 's? - No.

How many other lady lodgers are there in this house? - I and another.

When people change their names so frequently one does not know what to call them; how long have you been Mrs. Murphy? - About four months.

What was your name last, before that? - Mayles.

Never any other? - No.

Are you not married to Captain Murphy ? - No, Sir, I am not married.

Are you positive of that? - Yes.

This woman at the bar was a servant at Mr. Christie's? - Yes.

Was you alone at the time this happened? - No, Sir, I was not alone.

Did a Miss Smith ever use your room when hers has happened to be occupied? - No, Sir.

You may have more friends call upon you than one at a time; if one room should happen to be engaged one must use another? - That never happened to me.

THOMAS CARPMEAL sworn.

I found these things at Mr. Shirley's house, Cross-lane, Long-acre, on Friday the 23d of March, a black silk cloak, a petticoat, and shirt; Shirley was not present; I do not know it to be his house; he could not be found till night; he was out on business; when he was found he came to me, and delivered himself up the next day before the magistrate; the things were produced; he said he bought them of the black.

Mr. Garrow. He came voluntarily to you at Bow-street? - Yes, he did; his friends were looking for him all day.

I believe he told you, which you afterwards found to be true, that some other property was offered to him, which he refused to buy? - Yes: I have known him a long time; he was always a particularly honest man.

You very soon get acquainted with people of a very different character? - Yes.

ALEXANDER PITTERKIN sworn.

I am a watchman. At half past two I found the door open; I knocked, and the woman prisoner came and answered me, and said, she did not know how it came open, but she supposed one of the lodgers came in lately.

Mr. Garrow. How often have you watched near there? - It is a house that is not very often open.

Prisoner Zafier. For myself I like liberty.

Mr. Clayholme. I wish to give him one of the first characters for the time I have known him; that I wish to give any man in the world.

JEREMIAH DONOVAN sworn.

I am a surgeon. I have known him about twenty months; I always considered him as an extraordinary honest man, having had occasion to entrust him on several occasions; I was about to take him into my service at the time; I waited on Mr. Bateman for his character; Mr. Bateman gave him an extraordinary good one; he said he had lived with him five years, and wished to get him a good place: and the reason he parted from him was he had no occasion for him.

PAUL LEWIS ZAFIER GUILTY of stealing goods to the value of 39 s.

MARY FARLEY NOT GUILTY .

THOMAS SHIRLEY NOT GUILTY .

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

Court to Mr. Donovan. Mr. Donovan, you have with great humanity and much credit to yourself stepped forward to give this poor black a character; are you so circumstanced as to take this man or employ him or provide for him? - I will undertake to pass him to his own country, which has been long his wish; he is a native of Pondicherry; he speaks very little French.

Will you take him to night? - If it is agreeable to your lordship.

To be privately whipped and delivered to Mr. Donovan.

196. JOSEPH LEIDMAN was indicted for feloniously assaulting Thomas Bartlett , in the king's highway, on the 1st of March , and putting him in fear, and feloniously taking from his person, and against his will, one watch, with the inside case made of silver, and the outside case made of silver and gilt with gold, value 4 l. one steel watch chain, value 6 d. two base metal seals, value 12 d. two keys, value 1 d. and one hook, value 1 d. his property.

THOMAS BARTLETT (a Black ) sworn.

I live with Captain Bartlett , in Gower-street. I was robbed the 1st of this month, between twelve and one in the day, in Pall-mall ; I was coming along, and staid to see the Welch people come by, and wanted to get out of the way, and this chap here, and two more besides himself, the prisoner caught hold of me, and shoved me against the door, when I found him standing by me, he took out my watch directly, and the other men were behind; he quite involved me, and looked me in the face, and pulled out my watch; I caught hold of him directly and kept him; then all three began beating me, and almost broke my jaw; I cried out, and he was taken. I never saw my watch again; the other two escaped; it was a silver watch gilt.

JOSEPH CRIDLAND sworn.

On the 1st of March, about a quarter before one, we were going with the Welch Society , and I saw the prisoner striking Bartlett, and Bartlett said he had his watch; and I secured him.

WILLIAM BLACK sworn.

I saw no more than Cridland; I searched the prisoner, and found three shillings and sixpence, and a small knife, and twopence farthing; I put him into the watch-house, and then he told Bartlett he should be glad to settle with him concerning the watch, to get his liberty; and so he told me the next morning.

EDWARD MAILES sworn.

I was coming down Pall-mall, and saw the prisoner strike the black man; that was all I saw; there were three or four people with him; the prisoner said he had a wife and a child or two, and would give him any thing to settle it.

PRISONER's DEFENCE.

I was coming along, and the black man ran after me, and said I had his watch; he struck me several times, and I shewed my resentment, knowing myself to be innocent.

- WILSON sworn.

I am an optician. The prisoner has worked for me upwards of twelve months, he was always an honest, just, true servant; I have often intrusted him to receive small bills.

GUILTY , Death . (Aged 22.)

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

197. RICHARD TREVAIS was indicted for stealing, on the 12th of March , nine silk handkerchiefs, value 30 s. the property of George Billett .

GEORGE BILLETT sworn.

I am a linen draper , No. 120, Oxford-street . On the 12th of March I lost ninesilk handkerchiefs from the door of my shop; they were affixed to the door post; I saw them five minutes after they had been taken; a person whom I do not know picked them up, and gave them to me: the prisoner was taken immediately by William Earl .

(The handkerchiefs produced and deposed to.)

WILLIAM EARL sworn.

I was passing by Mr. Billett's, the 12th of March, about half past five, and I saw the prisoner take these handkerchiefs off from the door-post; he was going along the street, and rolling them up; I pursued and took him; hearing a person speak to me, he ran across Oxford-road, and dropt the handkerchiefs in the middle of the road; I ran after him, he fell down, and I took him: these are the handkerchiefs.

PRISONER's DEFENCE.

A man took the handkerchiefs, and chucked them down, and I took them up.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

Court. Where do you come from? speak the truth now.

Prisoner. I was born in Bandy-leg-walk; I came out of Drury-lane.

What has been your employment? - I am a leather clog maker , I have been employed by Mr. Crouch, in the Hay-market.

198. DAVID ROACH was indicted for burglariously breaking and entering the dwelling-house of Titus Flouret , about eight in the night, on the 16th of February , and burglariously stealing therein, one black silk gown, value 3 s. one white muslin apron, value 12 d. a child's linen shift, value 6 d. a cap, value 12 d. a flannel petticoat, value 6 d. the property of David Meredith .

DAVID MEREDITH sworn.

I live No. 82, Wheeler-street. On Friday, the 16th of March, my wife and me went out between seven and eight, and returned a little past eight; when we came back we found the street door open; it was shut, latched, when we went out, but not locked; the prisoner was in the house with the property; I laid hold of him directly in the room, and the property was at his feet, all removed from the place where they had been left; they were the things in the indictment.

ELIZABETH MEREDITH sworn.

I am wife to the last witness. I came in first, and there was the prisoner; I called to my husband, and he stopped him; I latched the street door; there was no proper lock to it.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

199. THOMAS WEBSTER alias BARNETT was indicted for stealing, on the 24th of February last, one woollen blanket, value 1 s. the property of Edward Winter .

EDWARD WINTER sworn.

I lost a woollen blanket: I did not know that I lost it till I saw it before the aldermen; I have had the blanket between seven and eight years; I have no doubt about the blanket.

ROBERT NEWMAN sworn.

I am a constable. On Friday, the 24th of February, I was going down Chick-lane, I met the prisoner at the bar with the things mentioned in the indictment; I stopped him; I have kept the blanket ever since.

Prisoner. Did I not tell you how I came by the property? - He said he found it; there was lead wrapped up in it.

JAMES NEWMAN sworn.

I can only say what my brother has said.

Prosecutor. (Deposes to the blanket.) The blanket was on his father's bed. (A quantity of lead pipe produced.) The prisoner was about one hundred yards from the prosecutor's house.

PRISONER's DEFENCE.

Please you my lord. I picked up the lead; and Mr. Newman took it from me, and said, if my father would give him a guinea he would settle it; my father had not a guinea; and then he said that he would prosecute me as far as the law would go.

Court to James Newman . Was he going towards home or from home? - From home, my lord.

GUILTY (Aged 20.)

Fined 1 s. and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

200. WILLIAM BOND was indicted for stealing, on the 17th of March , one silk handkerchief, value 6 d. the goods of John Cripps .

JOHN CRIPPS sworn.

On the 17th of March I was going along Fleet-street , the prisoner picked my pocket; I saw him do it; I pursued him, and in the middle of the coach-way he dropped it; I saw him drop it; I picked it up; I gave it to the constable; I never lost sight of the prisoner.

(The handkerchief produced.)

The CONSTABLE sworn.

I received a handkerchief from the prosecutor, which I gave him back again; it was such a handkerchief as this, but I cannot swear to it.

PRISONER's DEFENCE.

I was going along Fleet-street, and hearing the cry of stop thief! I ran, as others did, and the gentleman struck me with his umbrella, and almost knocked me down. I am innocent.

GUILTY . (Aged 18.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

201. THOMAS JONES was indicted for feloniously assaulting Robert Smith , on the king's highway, on the 20th of March , and putting him in fear, and feloniously taking from his person and against his will, one cotton gown, value 20 s. and one linen shift, value 5 s. the goods of Elizabeth Charlotte Town .

A second count charging the gown to be the property of John Hanbury .

ROBERT SMITH sworn.

I am an errand-boy to Elizabeth Charlotte Town . On last Tuesday was a week I was robbed in Cheapside ; it was the 20th of March: I was going from Fenchurch-street to Portugal-street; I got behind a coach in Fenchurch-street and the prisoner got up behind in Lombard-street; we rode as far as the Post-office; the prisoner took my bundle from me almost opposite Milk-street, in Cheapside: he got down in Lombard-street: it was in brown-paper: when I was trying to get down, he said, I should not, and snatched the bundle out of my hand; he did not lay hold of me or strike me, he only snatched it away, and ran down Milk-street; I followed him all the way down; I never lost sight of him; he was taken with the bundle under his arm; he ran against a woman. Purchase, the constable, has the bundle.

Prisoner. Was there not two boys with you before I came up? - No.

JOHN PURCHASE sworn.

I was going towards Honey-lane-market, and I met the prisoner with the bundle under his left arm.

WILLIAM AISTROP sworn.

I am constable of the ward.

ELIZABETH CHARLOTTE TOWN sworn.

This gown is not mine, it belongs to Mrs. Hanbury; the shift is my daughter's; that is the gown I delivered to the boy.

PRISONER's DEFENCE.

I was going up to Piccadilly to my brother's who is a captain of a revenue cutter; fearing I should be too late, I got up behind the coach where this boy was, and the coachman threw his whip over, and a boy threw some mud on the boy that was behind the coach with me; I got down in anger, and the bundle fell; I picked it up, and had not the bundle in my possession a minute and a half before I heard the cry of stop thief! the bundle was picked up by the constable under a woman's feet: I can bring gentlemen to my character: I am a native of the West Indies. I was tosticated in liquor.

GUILTY of stealing but not violently .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

202. JOHN WILLIAMS was indicted for stealing, on the 23d of March , a bacon ham, value 5 s. the property of Robert Fish .

ROBERT FISH sworn.

I keep a bacon shop the corner of Castle-street, Long-acre. I lost a ham the 23d of March; it hung at the door; I saw it about six in the afternoon; and I saw the prisoner take it off the hook at past six; I pursued him, and he was taken; he dropped the ham; he was taken in less than five minutes; he stared me full in the face; I was behind the counter; I do not know who gave me the ham again.

THOMAS BELCHAM sworn.

I stopped the prisoner in Mercer-street; he was running; he had nothing with him; three different people attempted to stop him, but could not; he said b - t your eyes, if you stop me, I will cut your head off; he fell.

(The ham deposed to.)

Prisoner. He said at the justice that he would not positively swear I was the person, being dark, as I went past.

GUILTY . (Aged 24.)

Fined 1 s. and imprisoned six months .

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

203. THOMAS BREWITT was indicted for burglariously breaking and entering the dwelling-house of William Adderley , about the hour of nine in the night, on the 25th of February , and burglariously stealing therein, one callico bedgown, value 2 s. one linen shift, value 12 d. one cap, value 6 d. one piece of silk ribbon, value 2 d. a pair of cotton stockings, value 6 d. a sheet, value 6 d. a petticoat, value 6 d. his property.

RACHEL ADDERLEY sworn.

I am wife of William Adderley ; he is at sea. I live in North-east-passage, Wellclose-square . On the 25th of February my house was broke open; I went out at eight; I locked the door, and left nobody; I came back about nine; I found the door broke open; the staple was wrenched double; I lost the things in the indictment; there are two rooms to the house, but only one door: I never got any thing again butthe shift and the ribbon; I never saw the prisoner before he was taken.

JOSEPH WEST sworn.

I produce a shift and some ribbon; the shift was taken out from his trowsers wet, by Mumford, and I was present; and the ribbon I found in his pocket: it was about ten or half after, the same night, I was going into the publick-house next door, and ran against two men; one was the prisoner; he spoke to me; that was about eight; and when I heard of the robbery I suspected the prisoner, and went after him, and took him in Gravel-lane; the passage led to her court.

(The shift deposed to by the prosecutrix, she having just washed it, and having her work in it.)

Prisoner. Will you ask the prosecutrix how she gets her living; she is a common prostitute, and will swear any body's life away for the reward.

Prosecutrix. I did not know there was any reward given. I get my living in Rosemary-lane.

Court to West. Is that true? - She deals in Rosemary-lane in old clothes.

Is she a woman of character enough to believe? - I know nothing against her character for dishonesty; she is a very slight acquaintance of mine.

GUILTY of stealing .

Transported for seven years .

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

204. JOHN GRIMES was indicted for stealing, on the 28th of March , 400 lb. weight of hemp, value 5 l. the property of Francis Armstrong .

FRANCIS ARMSTRONG sworn.

I am a wharfinger . The prisoner worked forked for me. I lost 400 lb. weight of hemp the 28th of March: he did not work for me that day. (Deposed to the hemp.)

WILLIAM TOMM sworn.

I am servant to Joseph Hutton . The prisoner came about ten minutes before one, at noon, and asked my master's car-man if he wanted a job; they did not agree; I ran after him and asked him if he wanted a cart? he said, yes, for three or four small bundles of hemp, and a few more small things: I drive a cart: I asked him where? he said, over the water, to St. George's church; I agreed with him for four shillings; he ordered me to the wharf; he went before me to Miller's wharf; it was about ten minutes after one; he was up in the warehouse of the prosecutor with his coat off, and his hat off; and he looked out and said, hah; and he threw out four bundles of hemp into my cart; he said, no more; he told me to drive to St. George's church; but I was stopped at the gate by one of the men; I took notice of the hemp; this is part of it.

HENRY JOHN sworn.

I am Mr. Miller's servant. Mr. Armstrong takes a part of the warehouse. I saw the prisoner go up into the warehouse, and watched him, suspecting him; I see him throw the hemp into the cart, and the cart came in; I stopped the cart; but before that the prisoner came down; says I, who have you been loading that hemp for? says he, for Mr. Yates; I took him up to Mr. Armstrong; going up Bond-street, says he, do let me go, Harry; says I, I cannot.

PRISONER's DEFENCE.

A gentleman met me about twelve with a pair of boots, and horse whip, and he wanted a cart; says he, it is to take 400 lb. weight of hemp into the Borough; he said, he was in a hurry; at Millar's wharf; if you will load it, it is all ready looked out; and he promised to satisfy me for my trouble; he gave me a pot of beer, and ordered me to get a cart and load the hemp.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

205. MARIA SIMMONS was indicted for stealing, on the 5th of March , two silver salts, value 15 s. two silver tea spoons, value 5 s. the property of Osman Garrick .

OSMAN GARRICK sworn.

I live in Flying-horse-court, Maiden-lane . I was absent when I lost my property.

JANE GARRICK sworn.

I am wife of the last witness. I was coming in about a quarter before seven in the evening; I saw a person on the stairs; I called twice, who is there? nobody answered; she passed me; and I took her with the salts in her neck; I followed her to the corner of the court; I said, lord have mercy, Poll Cooper! that is the prisoner; she begged me to forgive her; the father and mother and I have lived eight years in one house; I gave her victuals when her parents turned her out; I thought I could trust her with any thing; she has an infant child to take care of.

THOMAS DEMPSEY sworn.

I am the constable. I produce the salts and the spoons: I do not know who gave them me.

(Deposed to.)

Prisoner. I leave it to my counsel.

Counsel. I have witnesses to her character.

Court. You cannot carry character farther than Mrs. Garrick has done.

GUILTY .

Privately whipped .

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

206. JOHN ROACH was indicted for stealing, on the 23d of March , a cloth coat, value 1 l. 1 s. a pair of black velveret breeches, value 10 s. 6 d. a pair of drab ditto, value 8 s. a pair of thickset breeches, value 18 s. a pair of velveteen breeches, value 18 s. 6 d. the property of Henry Brind .

(The witnesses examined separate.)

HENRY BRIND sworn.

I live in Newgate-street . The prisoner was my foreman . I had lost a great number of clothes from time to time out of my shop, off the shelves: on the 23d of March I lost the things in the indictment; I concealed myself on one of the shelves, behind the clothes; and discovered another man and the prisoner come down to go to dinner at twelve; he brought down this superfine cloth coat, which he had been at work on; he put it on the counter, and asked my nephew if I was at home; and he said to the man that came down with him, take sixpence, and go get your dinner; he came to the private door, and my young man was at the upper end of the shop; he took the coat off the counter, and put it over his arm, and reached his arm, and took something off the breeches shelf; he was very quick; then he reached again, and took a pair of black velveret breeches; he wrapped them up in the coat; he came out of the shop again into the entry, and went up three or four stairs, and I saw him placing the breeches and this coat very smooth, to go into a small compass; he came down to go out; I jumped down and stopped him; says I, William; I have caught the thief; my young man came up; I said, you have a pair of breeches inside this coat; he said, no, he had not; I opened them, and saw the breeches; then he let the coat and breeches fall to the ground.

WILLIAM PALMER sworn.

Confirmed the above evidence, being the prosecutor's nephew, excepting that he did not see him take the things off the shelves.

GEORGE BARTON sworn.

(Produced the things, which were deposed to.)

GABRIEL GRANGER sworn.

I am a pawnbroker's servant. I produce a pair of breeches, which I believe I receivedof the prisoner; I am not positive; for four shillings, in the name of John Roach .

(Deposed to)

(Another pair of breeches, which were found in his pocket, deposed to.)

PRISONER's DEFENCE.

The prosecutor cut me down to sixteen shillings a week; the proper wages are eighteen shillings, by the laws allowed by the lord mayor; I brought down the blue coat, and asked his nephew for two buttons to put under the flaps; he turned to the window again; them black breeches were under the coat, as I laid it on the counter, and I was taking it up stairs, and he said I robbed him; I was generally a jobbing sort of a man; I had them breeches in my pocket, which I was bringing down; the constable knows I owned them before they were taken out of my pocket.

Constable. That is not so.

(The prisoner called one witness, who gave him a very good character, and offered to take him if at liberty, and who said there were more witnesses ready.)

GUILTY . (Aged 45 .)

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

207. SAMUEL SELF was indicted for stealing, on the 13th of February last, a canvas bag, value 6 d. three pecks of beans, value 5 s. a ditto, value 5 s. 6 d. and a ditto canvas bag, value 6 d. four pounds weight of lettuce seed, value 16 s. a peck of other beans, value 5 s. and other canvas bags, value 5 s. and fourteen hempen sacks, value 20 s. the property of John Field the elder , John Field the younger , and Robert Lebron .

(The indictment opened by Mr. Steel and the case by Mr. Knowlys.)

SAMUEL MARTIN sworn.

I am foreman to John Field the elder, John Field the younger, and Robert Labron : the prisoner had been their foreman four months: the prisoner was very urgent not to go out; he wished another porter to go out; he came back much sooner than I expected; I watched him; he lodged in King's-head-court, Pudding-lane: between six and seven o'clock on Monday evening, in about ten minutes, he came out with a bag on his shoulder and a bundle in his hand; I followed after him immediately into Cannon-street, through Crooked-lane; he rested at London-stone sometime; I was joined by young Mr. Field; he went to the bottom of Fleet-market; he got into the middle of the way, and turned, and looked about him, and called a coach, and put his bundles and what he had on his shoulder into the coach; I opened the door, and said, Samuel, I shall take a ride with you, I charge you with felony; I took him to Sir James Sanderson ; he delivered the key of his box to the officer; I did not go to his lodging; the things he had with him are here; this bag is the property of the prosecutors; as to the beans, one bean may be like another; I measured over the beans; we had four bushels of that sort just come in; and I found them deficient by the quantity contained in the bag; I know the bag by being torn in the seam; I have mended it myself; the handkerchief contains some white kidney beans; I knew they were his lodgings; none of those four bushels had been sold.

JOHN BIGGS sworn.

I was present when the prisoner was examined before the alderman; I examined the prisoner's box, and found some bags; he lodges in my house.

(The bags produced and deposed to.)

Mr. Schoen, prisoner's counsel, to Martin. I presume such bags as those may come to other people's houses as well as to yours? - Certainly.

By what marks do you know them tobelong to Mr. Field? - I am certain by the No. 4. I found that bag in his box.

ANN JACKSON sworn.

There were some bags brought to the George and Gate to be sent to Croydon, but I cannot swear that the prisoner brought them.

RICHARD KIRBY sworn.

I know nothing of this matter but what was told me in confidence by the prisoner.

Martin. I went to Croydon with Martin; we had a search warrant, to search Burnet's house.

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

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the London Jury before Mr. Baron HOTHAM .

208. WILLIAM BLUNDELL was indicted for stealing, on the 29th day of March , one silk handkerchief, value 10 d. the property of a person unknown.

JOHN ANDERSON sworn.

About two o'clock on Thursday last, as I was standing in the house of Mr. March, in Fleet-street , the prisoner passed on the opposite side of the way: I saw him draw a silk handkerchief out of a gentleman's pocket; I saw the prisoner apprehended.

GUILTY .

Privately whipped and discharged.

Tried by the London Jury before Lord KENYON.

209. THOMAS HART and MARY HART were indicted for stealing, on the 22d of March , a mahogany table, value 5 s. a bed, bolster, and pillow-cases, and other things, the property of - Read , in a lodging room .

ANN READ sworn.

My husband has been abroad fifteen months; he went to China. I let a second floor to the woman prisoner about four months ago: I missed my property the 22d March; they had paid for part of the time: I missed a mahogany table; the bed, bolster, pillow-cases, &c. were all gone.

ANN LEIGH sworn.

I live in the prosecutrix's house, and have the care of it. The furniture was found at the pawnbroker's.

JOHN DAWSON sworn.

I am a pawnbroker, servant to Mr. Read. I took in two blankets and one pillow-case; they were pledged by the prisoner's son.

WILLIAM GREEN sworn.

I produce some duplicates that I had from a woman in Drury-lane.

SARAH HICKINBOTTOM sworn.

I called upon the prisoner, and she told me she had been gambling in the lottery, and would be very much obliged to me to pledge some bed furniture; I thought the property was hers; (produced) the bed furniture is the same that I pledged.

SARAH HAYES sworn.

The 22d of this month I was asleep, in bed with Mrs. Leigh: the prisoner came into the room, and asked for the key of the street door; he went into the parlour; I heard a noise, and jumped out of bed, and I saw the prisoner give a table to Mrs. Hart's son.

JOHN DUPREE sworn.

I took in this bed furniture of Hickinbottom.

JOHN DALE sworn.

I produce the skirt of a gown and a table cloth; I took them in of John Johnson.

PRISONER THOMAS HART 's DEFENCE.

I am innocent. This is not my wife: I saw her some time.

(The prisoners called four witnesses to their character.)

PRISONER MARY HART 's DEFENCE.

The prosecutrix desired me to pawn the sheets for her for the lottery; she keeps a bad house, and I am a common prostitute; I pay her fifteen shillings a week for the lodging.

THOMAS HART GUILTY.

Fined 1 s. and imprisoned six months .

(Recommended by the jury.)

MARY HART alias JOHNSON GUILTY .

Fined 1 s. and imprisoned six months .

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

210. CHARLES THOMAS was indicted for stealing, on the 24th of February , sixteen pounds weight of moist sugar, value 12 s. and two paper bags, value 3 d. the property of William Barber .

WILLIAM BARBER sworn.

My business lies so open to my servants that I cannot miss a small quantity of goods; I went up stairs with the prisoner, and he opened two boxes; there was a third, which he said belonged to another person; I sent for him, and when he came he said the box did not belong to him; I then told the prisoner I would not be trifled with, and I sent for a constable; then he pulled out the key; the box was opened, and I found the six bags; I gave charge of him; he begged for mercy; I desired the constable to search him; he found forty-seven guineas and a half on him.

JOHN OTINE sworn.

I am a beadle and constable, Mr. Barber sent for me: I stopped in the shop till I was called for: I took the money from him, as Mr. Barber has described; I was taking him to the Compter, and he seemed to have a desire to get away. (Corroborates the remaining testimony of Mr. Barber.)

WILLIAM CHAPMAN sworn.

I was in the counting-house of Mr. Barber when he called in the prisoner and taxed him with robbing him, and desired to see the prisoner's boxes; he complied; and Mr. Barber desired me to accompany. (This witness the same as the last.)

JOHN HANDS sworn.

The box was not mine; it was the prisoner's.

(The prisoner called three witnesses, who gave him a good character, one of whom, his brother, had lent him twenty pounds within three months.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Lord KENYON.

211. HANNAH EVANS was indicted for feloniously assaulting Thomas Best , on the king's highway, on the 12th of March last, and putting him in fear, and feloniously taking from his person and against his will, two half crowns and four shillings, in monies numbered , his property.

THOMAS BEST sworn.

On the 12th of March, between twelve and one at night, I met the prisoner in Holborn, as I was going home; she took hold of my arm and asked me to go home with her? I said, no, I was going home; she kept hold of my arm, and would walk with me; in a little while I found her hand down at my pocket, and the bottom of my pocket up at the top: I lost two half crowns and four shillings.

PRISONER's DEFENCE.

I was coming down Holborn, and going home, the man caught me and took me under a gateway; I told him I did not like that; he asked me to drink a glass with him; I, being an unfortunate girl, I went with; then he called a watchman, and said I had robbed him; I had five shillings in my pocket; he sent this paper to me.

Court to prosecutor. Where had you been? - With an acquaintance.

Are you a married man? - No.

Did you send that paper? - No; I never saw it before.

Are you sure? - Yes.

Did you never send her any message? - No, I never did.

Prisoner. I cannot tell who brought it.

ROBERT BROWN sworn.

I am a patrol. I was coming down Holborn on the 12th of March, between twelve and one: I saw this man and that woman stand at the end of Feather's-court, in Holborn; and coming back I saw them going down the court; they were close together; he had hold of her; I heard him say, if she would not give him the money she took he would charge the watch; I took two half crowns and four shillings out of her hands; she swore going up Holborn she had no money about her.

GUILTY of stealing but not violently .

Fined 1 s. and imprisoned six months .

Tried by the first Middlesex Jury before Lord KENYON.

212. WILLIAM MORRIS was indicted for stealing, on the 17th of March , one iron bar, value 18 d. belonging to John Gilman , fixed and fastened to a certain area belonging to his dwelling house, the said Milliam Morris having no right or title thereto .

JOHN GILMAN sworn.

I live in Charles-square, Hoxton . I lost an iron bar, I believe it was last Saturday se'nnight.

JOHN GLASS sworn.

On the 17th of March I saw the prisoner with this iron bar, and another at half past six in the morning, in Whitecross-street; I stopped him; and he called two others, and one came up and kicked me, and the prisoner kicked me.

JOSEPH BLAYTH sworn.

I am a plaisterer. On the 17th of March I was going to work with my master, the last witness. (Deposed to the same effect.)

(The bar produced and deposed to.)

PRISONER's DEFENCE.

I found these bars almost covered with dung.

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

GUILTY .

Whipped and imprisoned one month .

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

213. ROBERT PRICE was indicted for stealing, on the 13th of March , a bacon ham, value 12 s. the property of John Birch .

JOHN BIRCH sworn.

I am a cheesemonger . I lost a ham of bacon on Tuesday, the 13th of March, from a hook at my door, in Holborn; an alarm was given; I found the prisoner and the ham.

PRISONER's DEFENCE.

I was going along Holborn, and a man gave me sixpence to take it to the Old Sun, in Moorfields.

GUILTY . (Aged 16.)

( Sentence respited .)

Tried by the first Middlesex Jury before Lord KENYON.

Prosecutor. I had a very affecting letter from his father desiring he might be sent to the East Indies.

Court. He must be transported: the Secretary of State may commute one kind of punishment for another: let it be mentioned to the Recorder.

214. ALEXANDER SAUNDERS was indicted for feloniously stealing, on the 7th day of January , one linen bag, value 6 d. and twenty pounds weight of feathers, value 20 s. the goods of John Briant and John Thompson .

JOHN BRIANT sworn.

I am a lighterman . My partner's name is John Thompson : we missed a bag of feathers out of my boat in January.

ROBERT BENTEN sworn.

I took the feathers into the boat from the ship Providence.

WILLIAM HUGHES sworn.

I saw the prisoner go down in Mr. Thompson's lighter; he took a bag and put it under his arm; I do not know the contents; it seemed full; it was on Tuesday, January the 7th; it was the month following Christmas: he walked up the yard from Bear Quay.

JOSHUA KANE sworn.

I saw this man take a bag out of the luggage boat, on the 7th of February, I think.

Prisoner. I am innocent as the child unborn of the fact charged against me.

GUILTY (Aged 29.)

Whipped and imprisoned six months .

Tried by the London Jury before Lord KENYON.

215. THOMAS CARR and JAMES SMITH alias LACEY were indicted for feloniously stealing, on the 13th of March , one cornelian stone seal, set in gold, value 2 l. 10 s. the goods of John Janaway and Thomas Wetherall , privily in their shop :

And WILLIAM GARLAND was indicted for receiving the same knowing it to be stolen .

(Mr. Garrow opened the case.)

JOHN GREGG sworn.

I am shopman to Thomas Wetherall and John Janaway . On Tuesday, the 13th of March, Smith and Carr came to our shop; they both came in together, and as companions; it was between three and four o'clock; Carr desired to look at some gold seals; and I took out several, and I proceeded to a sixth, which he said was the right one; my attention was taken off to some other customers, of the name of Mr. and Mrs. Parker; Smith said to Carr, have you done? Carr said, yes; and they both immediately went out of the shop; they had not only not purchased, but not asked the price of any thing; I thought they left me very abruptly, and I looked on the counter and perceived there were only five seals, though I had taken out six: the two prisoners kept close together, but Smith generally stood with his back to the counter, which gave him a command of the other side of the shop, where Mrs. Parker and Mrs. Janaway were behind the counter; I told Mr. Janaway, who just then came into the shop; and that they had stole the seals; he went out and brought them back in two or three minutes; they both at first were accused of having stolen the seals; they both denied it: the constable, Hillier, was sent for; when they saw Mr. Janaway was determined to commit them, they both of them offered to pay for the seal, and desired to know the price of it; I cannot say which spoke first; I believe I told them the price of the seal, because I knew the particular one that was gone; the price was two guineas and a half; but Mr. Janaway said, he would not take any money; if they were to offer him one thousand pounds hewould not accept it; they whispered several times together, and much wished to have private conversations with Mr. Janaway or Mr. Hilliard; Smith went once to Mr. Janaway into our private door passage, but I was not present; Mr. Janaway told them he was determined to commit them; but I should observe one thing, they took out their money and joined it together, which did not amount quite to twenty shillings; but one of them, I cannot say which, offered his watch as a security; that of course was undoubtedly refused; Mr. Janaway said, he only wanted his property; Mrs. Janaway was in the shop, and might see what passed; she is not here; on a coach being called, the two prisoners, Smith and Carr, Hilliard the constable, Mr. Janaway, and myself, got into the coach: it was ordered to drive to the Compter: Smith and Carr whispered together again in the coach; and then Carr said to Mr. Janaway, if the seal is produced shall it all end? will you let us go? Mr. Janaway replied, he would make them no promise whatever: Hilliard, I think, or Mr. Janaway, asked Carr if the seal could be produced immediately? Carr said it could; Smith proposed that Mr. Janaway should let him and the other prisoner go, and Hilliard to make himself answerable for the return of the seal to Mr. Janaway; Mr. Hilliard said, that was impossible, as he had never seen the seal, nor did he know it: the coach stopped at the Compter door; but instead of going in, Carr desired it might drive to the Cape Coast Castle, in Leadenhall-street; but Hillard said that was so bad a house that he would not go there; and I think Hilliard mentioned some house in Lombard-street; the coach went on to the publick-house in Leadenhall-street; there Hilliard and Carr got out for the purpose of fetching the seal, leaving Smith with us; they came back in about ten minutes; Hilliard said he knew the person that had got the seal, it was one Garland; two other men returned to the coach with Hilliard and Carr; one of them, whose name is Polock, offered to do anything to assist Carr; Polock was desired by Carr to go to the Half Moon, in Aldersgate-street, to see Garland, and to tell him to stop there till we come; the coach was then ordered to Aldersgate-street; as we were going to Jewin-street it stopped, without any orders from withinside; Polock, and the other man that we had seen in Leadenhall-street first, came up to the coach window, as it drew up to the pavement; they did not come close to the window, they stood opposite, with their backs against the houses; they were instantly joined by Garland; that was the first time I ever saw him; he looked into the coach, and then withdrew behind the back pannel of the coach; I was sitting with my face to the horses, so that I, in consequence, lost sight of him; at the very instant of his withdrawing almost, a glove was put into the coach by a hand, which came from the part to which he had withdrawn; I could see nothing but the hand; the glove was given into the hand of Carr, and in it I saw Carr take out of the glove the gold seal; it was not put in the glove, but wrapped in it; I wished to see Garland again; and I looked through the little round window behind the coach, and I saw him coming from behind the coach to the other side of the way.

Are you positive then that Garland is the man that delivered in the glove at the coach window? - Quite positive.

No doubt about it? - Not the least in the world. As the coach was drawing up Hilliard sat next to the pavement, and he said, here comes Garland with the seal; the prisoners wished to be released; Mr. Janaway said, he could not think of doing that, he should commit them, and put them under the jurisdiction of the Lord Mayor: I have the seal; it has been in my possession ever since; (produced and deposed to) I am sure that was the sixth seal which Carr approved off; it has been in the house I should suppose, six years; I have repeatedly brushed it.

Mr. Leach, counsel for prisoner Smith.

What time of day was it? - Between three and four.

Smith never appeared in the character of a purchaser? - Not at all.

JOHN JANAWAY sworn.

I am in partnership with Mr. Wetherall. I saw six seals on the counter, and my man said, Sir, they have got a seal; Carr and Smith were standing near, but Lacey was standing, with his back to the other, seeming to me to wish to divert our attention from Carr; I pursued them, and told them they had taken a seal, and insisted on their coming back; they had turned up the passage to the market; they totally denied it both of them; I sent for the constable; I had them both searched; nothing was found upon them; Lacey, that is Smith, was the first person that called me aside; he asked me if the seal was produced, whether all would stop? I told him I would have no private negotiation whatever with him, and immediately withdrew from him; they offered to pay any money for the seal, and pressed me very much to take the money for the seal; I said, if you would give me a thousand guineas I will not take it; they both of them made me that offer; but Lacey was more solicitous than Carr; I think it was Smith that proposed the seal should be forth coming in half an hour; after some conversation, Hilliard said, can the seal be produced? and Carr said, it could, and if they would drive to the sign of the Cape Coast Castle he would get the seal; but Hilliard said, it was an infamous house, and my life would be in danger, and they would not permit me to go; then they drove to another house in Leadenhall-street, and Hilliard and Carr got out; and when they returned Hilliard said, I know who has the seal, a man of the name of Garland; two men were standing at the door of this publick-house, one named Polock, who is here; Carr desired Polock to go to the house in Aldersgate-street, where he would find Garland, and to tell him to stop there till the coach came there; going down Jewin-street the coach suddenly stopped; not by any orders from us; and immediately I saw two men come up, Polock and another man; Hilliard said, as the coach was stopping, here comes Garland with the seal; then I saw Garland come up; he went to the back part of the coach, and presently there came a hand into the coach with a glove, but whose hand it was I cannot say; that glove contained the seal; the prisoners were taken to the Compter; Garland was apprehended by order of the Lord Mayor, the next day but one; it is our seal, the property of myself and partner; I have had it five or six years; it is what we call an old shop-keeper.

Mr. Knowlys. I ask you whether you do not know Carr to be a young man very respectably related and very decently brought up? - Yes; I am sorry to know it.

Mr. Leach. I believe the prisoner Smith stated him to be a man of fortune and character? - Yes.

Did Smith appear at all to interfere with respect to the purchase of the seal? - No: I looked upon him as a thief when he came into the shop; he wanted to divert my attention.

In the coach, as you was going along, I believe you thanked him, and was obliged to him for his interference? - I may have said things improperly.

Did not you in terms thank him? - I cannot say I did.

Did not you say so in terms?

Prisoner Smith. You will pardon me, Sir, when I observe he has a very convenient memory.

Prosecutor. When the man came into the shop, I formed a very different opinion of him to what I do now; I considered that victim in the middle, Carr, to be a guilty man; but I believe him now to be drawn in by the other two villains.

Then there was nothing in the appearance of Smith of a guilty man at the time? - No; but he urged more particularly that it would be the ruin of him if he was to go before a magistrate; he said that Carr was a man of fortune.

Prisoner Smith. Did not you say that you were very unhappy to have me committed, but that the next day you would do your endeavours to have me liberated? -I did represent to the magistrate that it was through you I got my seal.

I think you stated that Smith remained with you in the coach? - Lacey offered me any money.

Mr. Knapp, prisoner Garland's counsel.

How long a time might elapse from the time you set off from your door to Jewin-street? - About forty or fifty minutes.

The person, whoever it was, that put the glove in the coach you did not see? - No; I only saw a hand.

You understood that Polock knew Garland? - Yes.

Had the coach stopped in Jewin-street before Polock came up or afterwards? - Polock came up with another man, and I suppose was the means of the coach stopping.

How long after do you suppose that Garland came up? - Immediately.

RICHARD HILLIARD sworn.

When I went into the shop I saw Carr and Smith; I knew Carr very well; Smith I had seen: Mr. Janaway desired I would take these two men backwards, and search them; I searched them very correctly, and I was convinced they had nothing about them; Mr. Janaway did not seem satisfied, and thought they had it about them; I searched them a second time; in the course of the second search the prisoner Carr seemed desirous to make Mr. Janaway satisfaction for the seal, by offering to pay for it; Mr. Janaway declined it; and Smith repeatedly said, if you know any thing of the seal let the gentleman have it; we were half an hour in this way; Mr. Janaway at last gave me charge of them; the coach was called; we got into it; I desired Mr. Janaway and his young gentleman to accompany me to the Compter; the prisoner Carr said, if we go to the publick-house I think I shall be able to get it for you; where shall we drive to? says Carr, we will drive to the Cape Coast Castle; that is a house which I knew; it is frequented by several bad people; I did not think the place fit to take a gentleman to; and we drove to the City Arms, in Lombard-street; the person was not there, and we drove to the Bull's-head, in Leadenhall-street; when we got out of the coach, I said to Carr, where are you going, says he, I am going to Chapman's; says he, if I can see Garland I shall get the seal; I have known Garland a number of years; we went to Chapman's; he was not there; we returned to the coach and drove to the Half Moon, Aldersgate-street; turning the corner of Jewin-street I saw Garland at a distance; says I, here comes Garland: I had seen Polock in Leadenhall-street; the prisoner Carr had desired Polock to look for Garland; I believe I said here comes Garland with the seal; in an instant Garland came to the coach-door, Mr. Janaway and I and Gregg sat with our faces to the horses; Garland retired to the hind pannel of the coach, so that we lost sight of him, and in a minute a glove was put into the coach, that glove was given to Carr, Carr gave it to Mr. Janaway, and out of that glove came the seal.

Mr. Knowlys. I believe you know that Carr has been very well brought up? - I have known Carr, not intimately; but I say upon my oath I have been fourteen years with Mr. West, at the Poultry-compter, and I declare he has never been in custody there.

Mr. Leach. Carr was seemingly very desirous to make satisfaction, and Smith said, If you know any thing of the seal, give it to the gentleman? - He certainly did.

And seemed very anxious Carr should restate the seal, if he had it? - He certainly did.

Mr. Janaway at that time did declare that he really thought Smith was innocent? - He did.

Did he make use of any terms expressive of his satisfaction? - He said, he was very sorry for Smith.

Prisoner Smith. Did you hear the prosecutor at any time say, Why give him trouble? - The prosecutor said, when terms were offered to him, I will accept of none; all I want is my property.

Did you think Carr would have beenliberated, on production of the seal, or detained? - Mr. Janaway using the expression, all I want is my seal: he always, from the first moment, seemed very favourable to you, but very much against Carr.

Did he not say, that it was merely on my account, and my honest behaviour, that he had gone so far, and given himself so much trouble? - Something of that sort was mentioned, but the words I cannot recollect.

Prisoner Garland. Whether or not there were not three men at the coach side besides myself? - There were two or three; two I saw.

Prisoner Smith. Did I at any time express my knowledge of those houses that you spoke of? - No, I do not recollect that you did.

MOSES POLOCK sworn.

I know Mr. Carr well enough; I cannot say I know any thing else of the other two, much.

Mr. Garrow. Much! What do you mean by much? - Why, I know nothing at all of Smith?

Never saw him before? - I have seen him.

How often? - Why, may be three or four times.

In company with whom? - Why, may be I have seen him in the street by himself.

Now do not give me any more of your may bes; with whom have you seen him? - I have not seen him in company with any body; I may be saw him walking in the street by himself.

Did you never see him in company with any body? - With somebody that I know nothing of; never saw him in company with the prisoners in my life: I have known Garland by sight four or five months.

Do you remember being applied to by Mr. Carr to go any where on this day? - I was to go to Cape Coast Castle to see for Garland; I came back to the Black Bull, in Leadenhall-street, I said he was not there; he desired me to go to the Half Moon in Aldersgate-street to tell Mr. Garland to wait there till he came; going along I met Mr. Garland the corner of Philpot-lane, London-wall; says I, Mr. Carr wants you at the Half Moon, he is coming there in a coach; going along Jewin-street the coach overtook us, and Mr. Carr saw Garland, and he said Mr. Garland I want that there as I gave you; and Mr. Garland took a glove out of his hat that he had on his head, with a false lining, and put the glove into the coach.

That is the same Mr. Garland that is there? - Yes, it is.

And that is the same Mr. Carr that was in the coach? - Yes.

What name did you know Mr. Smith by? - I never knew him by any particular name.

You did not know his name? - No, Sir.

Mr. Knapp. Garland went with you directly? - Yes.

When Carr called Garland, he immediately attended to his call? - He did.

WILLIAM HOPKINS sworn.

I am servant to Mr. Parker: my master and mistress were at Mr. Janaway's shop on this day, I saw the two prisoners go into the shop; I saw them in the street some little time before, they were looking at the shop; they seemed to be looking at some seals.

Did they appear to be looking about the shop in any way that made an impression on you? - Yes, I thought they looked rather suspicious; they went in together; they continued in some little time, not a great while; they came out again together, one after another, in a great hurry; I saw the stoutest of the two, that is Carr, give something to a tall person in the street, and that person immediately ran.

How near was the other gentleman in blue to the short man at the time he gave something to the tall man? - They were running one after another as near as they could: Mr. Janaway brought them back again almost immediately. The prisoner Garland looks something like the tall man to whom Carr gave something; I cannot say he was the man; he was such a made man.

ROBERT NEWMAN sworn.

I am one of the city constables; I apprehendedGarland on Thursday, the 22d of March; I did not search him.

Prisoner Carr. I leave it to my counsel.

HENRY NORTH sworn.

I live in Tooley-street, a glass-manufacturer; I have known Carr a great many years, twenty years; I never knew any harm of him; I always thought him a very honest man.

Mr. Garrow. My Lord, my friend has a great many more to character; I know Mr. North to be a very respectable man; as far as character goes, you may suppose he has called one hundred respectable witnesses.

Mr. Leach, on the part of Smith. I have many respectable witnesses.

PRISONER SMITH's DEFENCE.

My Lord, if you will permit me to trespass on your patience while I represent facts, which, I trust, will impress your Lordship and the Jury with the clearest idea of my innocence; I had been returning from Greenwich, and unfortunately met Mr. Carr; he asked me to walk with him, I readily complied; I went with him; we had some little discourse respecting the lottery; he said he had great success; he had a watch without a seal, we went in to see some seals: however Mr. Janaway may prevaricate himself, they entirely exculpated me of any wish to divert their attention: on some disagreement Mr. Carr left the shop; I immediately left the shop, and followed him; prior to this there was a person in company with Carr; he did not go into the shop; he went to the front shop; Carr joined this man, shook hands, and bid him a good day: we proceeded a little way further, and Janaway followed us; he said he had lost his seal; and while I remained in the shop, the circumstance of this man being in company, I was under some agitation of mind; Mr. Janaway repeatedly exculpated me, gave me all those assurances that he wanted nothing with me, wanted nothing but his property; from those expressions, and the intimacy I had with Carr, induced me to say to him, If you have the gentleman's property, restore it to him: Hilliard joined in my entreaties, and said Carr, why not return the gentleman his property; under these solicitations, and under the influence as I then seemed, and as Hilliard repeatedly said at our examination; he said, you speak to him; I immediately said to Mr. Janaway, If Carr will produce your seal, will you drop the business; he said, I want nothing but my property; now they had entirely exculpated me with any knowledge of the houses to whom the coach was to drive to; at the time his seal was produced, I rather thought that Carr and myself should be liberated; I thought I merited thanks for the pains I took; he has thought proper since to change his opinion of me: whatever the verdict may be I must bow with resignation: the person's name in company was Thomas Stout .

THOMAS STOUT sworn.

I know the prisoner Smith; I was in company with him, Tuesday fortnight, the 13th of March, about nine in the morning, between nine and ten; we went to Greenwich together; he came to my house, and asked me to make him a pair of shoes; we returned from Greenwich, and were coming the right-hand side from Cheapside; we returned at three o'clock; there was Carr; he said, how do you do, Smith; it was in a passage, where they sell Burton-ale, in Cheapside; says he, I am going to buy a seal, I have had money in the lottery; I thought he was a gentleman that spoke to Smith; I heard every word that was said between them all the time; I think it was past three, to the best of my recollection; and they asked me whether I would go, and I said I must go home; another man came and said, how do you do altogether, or how do you do, gentlemen? Then I quitted them immediately: I know nothing of the felony, the least in the world.

Did you, during this time, see Carr pull out a watch? - Yes.

Prisoner Smith. Was it possible that Carr and I could have made any agreement to purloin any thing, without your privacy orknowledge? - No, I heard all the conversation.

Mr. Garrow. What makes you recollect that it was the 17th of March in preference to any other day? - The 17th! it was the 13th, on Tuesday; I had an appointment, at home, with Sarah Skinner ; she is not here; I live at No. 4, Phoenix-street, Soho.

Who is your landlord? - Mr. Martin; he is a taylor; I am a shoemaker; I work for my acquaintance; I do not keep any journeymen; and when I have not work enough of that, I work for any body that employs me.

So then the first person that joined your friend Smith was Carr, and he pulled out his watch? - I do not know; that is him.

Was that gentleman, the tall gentleman, Garland, the gentleman that came up? - I cannot say it was him.

Upon your oath, Sir? - I will take my oath that I never saw that man in my life till now.

Very well? - That I will swear; what I say is not till now; and what I call not till now, is not to know him; I never was in company with Garland before till I saw him now, if I was to lose my life.

Do you know Mr. Lacey? - I do not know Mr. Lacey: I have known Mr. Smith near a twelvemonth; he has lived in Skinner-street, No. 2.

Is he a married man? - For any thing I know; he is not my acquaintance or friend; I never was at his house, nor no where at all particularly.

Why you have been at Greenwich together? - He lived at No. 2, Skinner-street, for some time, for any thing I know; I never was at his house I told you; he was married I always understood.

And had many children? - I do not know that.

How did you go to Greenwich? - Why, on foot.

And returned on foot? - Yes, both of us together.

Nobody else in company at all? - No.

What trade did your friend follow, Mr. Smith? - A taylor.

Worked for you? - No, never did any work for me in his life.

How happened it now, think you, that the attorney found you out to subpoena you, because you never talked of this to any body? - Any body may find me out; I have lived twenty-eight years within five minutes walk of Charing-cross; I suppose Mr. Smith had told the attorney to go to Mr. Stout's.

Was you here before ever? - No, Sir; nor never was in a cause, or a trial, before in my life.

What is your name? - My name is Thomas Tout .

Without an S.? - I do not think you behave like a gentleman at all.

WILLIAM WILLIAMS sworn.

I live in Pennington-street, Ratcliff-highway; I have known Smith nearly two years; I never heard any thing of him but very honest.

Mr. Garrow. What business are you? - A house-broker.

What business was the prisoner? - A taylor.

You have known him intimately for two years? - Yes.

Where did he live? - In Skinner-street.

You have visited him there? - Yes.

Frequently? - Yes.

Was he a married man? - Yes.

Any children? - I do not know.

Do you know Garland or Carr? - No.

Has Smith lived all the time you have known him in Skinner-street? - No.

Where did he live before that? - I cannot tell; he has lived there about twelve or fourteen months; I came acquainted with him through an acquaintance of mine.

What is his name? - Fisher.

Is he here? - No; he is a hosier, in Holborn.

You never knew Mr. Smith by any other name but that? - No, Sir, never.

Never knew him by the name of Lacey? - No.

Had you ever occasion to attend here before for any friend of yours? - No, never.

Prisoner Smith. I will call no more; I think it is sufficient; I do not think it is adoubtful cause; I will not call any more witnesses.

PRISONER GARLAND's DEFENCE.

I had been in Jewin-street, the 13th of March, drinking at the Bull's-head, four or five hours; I came out by chance, and going home I saw three men; this Mo. Polock, and two more men; I cast my eye into the coach, and went on; as for Moses Polock , he is a common gambler; his brother has been cast for death; and he has been taken up for stealing tobacco; and I hope you will give some credit to that: I never was nigh Cheapside that day: my witnesses were here yesterday, but not today.

THOMAS CARR , JAMES SMITH ,

GUILTY of stealing, but not privately .

Transported for seven years .

WILLIAM GARLAND ,

GUILTY of receiving .

Transported for fourteen years .

Tried by the London Jury before Mr. Baron HOTHAM .

216. JOHN COTTON and MARY ANN GRECION were indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Scott , widow , about the hour of seven in the night, on the 13th of March , and burglariously stealing therein three linen gowns, value 40 s. one dimity petticoat, value 5 s. a muslin apron, value 5 s. one linen apron, value 1 s. two check aprons, value 2 s. three muslin handkerchiefs, value 5 s. one muslin frock, value 2 s. a cloak, value 2 s. two yards of edging, value 2 s. three handkerchiefs, value 18 d. five caps, value 2 s. 6 d. three dimity pockets, value 2 s. three half cotton shawls, value 12 s. 6 d. seven yards of silk ribbon, value 7 d. three muslin caps, value 3 s. a pair of mittens, value 6 d. three pair of robins, value 18 d. ten yards of silk sash ribbon, value 5 s. three muslin caps, value 3 s. one tin canister, value 2 d. one linen body-lining, value 3 d. one paper fan, mounted with ivory, value 1 s. one pair of scissars, value 1 d. two linen shifts, value 3 s. and three guineas, and two linen housewifes, value 1 d. the property of Elizabeth Scott , spinster .

(The case opened by Mr. Knapp.)

(The witnesses examined apart.)

MARY SCOTT sworn.

I am a widow. I live at Shadwell , and keep a small house there. On the 15th of March, a little after seven at night, I locked up my house, and went out: I fastened every thing, and returned about eight; it was quite dark: I went out for some candles; when I returned, I found my door wide open, and my window broke: I ran up stairs, and missed my daughter's box from the landing-place, and then I missed the other things; my daughter had been come to me nine days from place.

ELIZABETH SCOTT sworn.

I am the daughter of the last witness; I lived with her on the 15th of March; I went out at three, and returned about ten, when I went into my room I missed my box, it contained all the articles mentioned in the indictment: I saw some of the articles at the justice's, on Saturday morning, the 15th was Thursday, they were my property.

(The things produced by Theophilus Butcher , and deposed to by Elizabeth Scott .)

The value of the whole was five guineas; there were three guineas in money, but I mean five guineas without the money.

THEOPHILUS BUTCHER sworn.

I am an officer of Shadwell. I apprehended the two prisoners at her lodgings, on Saturday morning, the 17th; they were at breakfast; she said they were her lodgings; it was in New Gravel-lane: I wentthere in consequence of an information; I pulled up the bed, and between the bed and the sacking, these things laid; says I, how did you come by all these things? she said, they are mine, I have had them this week past. The prisoner Cotton was there, he was writing this letter, I looked over it, which letter led us to the discovery of the fan: we took them to the justice: I found nothing else.

GEORGE FORRESTER sworn.

I went to their lodgings, on the 17th; I am an officer of the parish; they were both drinking tea: Theophilus Butcher turned up the bed, and found part of the property; as soon as ever that was done the man prisoner took the fan out of his bosom so, and put it under an iron grate in the fire-place, there I found it, I have had it ever since.

(The fan deposed to by Elizabeth Scott .)

It was in the same paper.

EDWARD LUCAS sworn.

I found this dimity pocket and a pair of scissars in the room; neither of the prisoners were there then, it was a second search.

PRISONER COTTON's DEFENCE.

I got this fan from the woman prisoner.

JOHN COTTON , (Aged 19) MARY ANN GRECION , (Aged 20)

GUILTY

Of stealing in the dwelling-house, not of the burglary.

Death .

Tried by the second Middlesex Jury before Lord KENYON.

217. ROGER BRIDGEN was indicted for stealing on the 29th of February last, a gelding, price 30 l. the property of James Gutteridge .

JAMES GUTTERIDGE sworn.

I lost a grey gelding the 29th of February last; it was almost like a coach-horse, it was fifteen hands high; I sent the prisoner to London with it, for Mr. Marsom, of Hoxton, to sell for me; I gave him particular charge not to ride the horse, but to walk him gently: I never saw the horse since.

WILLIAM MARSOM sworn.

I live at Hoxton: I do not deal in horses. The prisoner was a servant of mine, he never brought me the horse, he came to me on the day after he should have come; I asked him where the horse was; he told me he had lost it: I asked him how; and he told me, a coachman was coming by, and frightened the horse so that he got out of his hand, and ran away, just before he got into Barnet: I turned away to let in a cart, and the prisoner was gone before I returned. I saw no more of him till nine at night; then I asked him where he had been; he said to Barnet, but could not hear any thing of the horse; the next day I went with him to Barnet, to make all the enquiry he could; I said, now shew me where you lost the horse; and he fixed on a place on this side of Barnet, which was the rising ground by the horse-fair; says I, you told me you lost the horse on the other side of Barnet; no, says he, I lost the horse here: I asked him what time he lost him; and he first told me it was just the dusk of the evening: the hostler at the inn asked him what time he lost him; and he then fixed upon between seven and eight at night. I enquired everywhere: he told me he had enquired at Whetstone turnpike, and at all the turnpikes; but the turnpike men denied it in his presence; but he said he did. I never saw the horse afterwards: I advertised him, and on Friday last a coachman came to me, and informed me of the horse.

JOHN SCARLET sworn.

When I was coming up, on the Wednesday evening, the 29th of February, on Finchley-common, I saw the prisoner, he was on a light-coloured grey gelding, with a spot on his near shoulder, and another man with him; he sat behind the otherman, the other man had hold of the halter; they were on the near side to me, and crossed over, and galloped over the common, up Highgate-hill, and through Highgate; they stopped at the Red Lion to water, then they went on. I saw no more of them.

Prisoner. I beg for forgiveness, that is all. A man asked me to let him ride, and he rode away with the horse; I was bringing him along the road.

GUILTY, Death .

Tried by the second Middlesex Jury before Lord KENYON.

Court to Prisoner. You see now you have forfeited your life, before you make your exit out of this world, it is a justice to the person that employed you, to let him know where the horse is.

Prosecutor. I hope your Lordship will save his life.

Court. Let a minute be made of that.

218. WILLIAM GOODALL was indicted for stealing, on the 28th of March , one ram lamb, value 5 s. the property of Thomas Goff .

THOMAS GOFF sworn.

I am a farmer at Shepherd's-bush ; I look after a farm for Mr. Gomm, I am his bailiff ; this lamb is my property; I lost him the 28th; he was put in the over night, into the farm-yard; it was a ram lamb with a dam; I missed it next morning about half after five, I could not find it; I received information of it, and went to the gravel-pits, and found the lamb; the prisoner was in the round-house; the constable's name is Hale. I knew the lamb by the slit ear-mark in the off-ear, and a forked purse.

- HALE sworn.

I am constable of Kensington. I stopped the prisoner with the lamb: he said he found it, and was going to sell it. I put him into the round-house. Mr. Goff described the lamb before he saw it.

GUILTY , Death .

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

219. GEORGE BANKS alias BATES was indicted for returning from transportation, and being found at large on the 16th of March , without lawful cause .

(The record of the prisoner's conviction read.)

- MILLER sworn.

I apprehended the prisoner, the 16th of this month, at a house in Poplar: on my entering the room, he jumped up, and seized this pistol, it was loaded with powder and two balls; he snapped it, but it did not go off; Kennedy was with me: a scuffle ensued, three other men were in the room; we fell on the ground, and somebody gave him a knife, with which he attempted to stab us. We called a coach, and brought him to Bow-street.

JOHN OWEN sworn.

In December last, that man was tried and convicted for stealing a box, with different articles in it: I saw him tried, and heard him sentenced to be transported for seven years: on the 23d of February I was ordered to escort him and sixty-nine others to go to Portsmouth: they found means (he and three or four more) to get their irons off, and at Guildford he got away from me.

PRISONER's DEFENCE.

I had the pistol in my hand; but did not intend to fire it. Please to look at that paper (gives in a paper). I was tried in October Sessions, and honourably acquitted, and retaken again; then was at large four days, and a bill was found in the name of Wood for the same offence; the young man that was tried with me was acquitted; I sent instructions and money to Mr. Garrow, by a woman, and she never gave it him. I beg for mercy on account of my wife and children; my wife was brought to bed a fortnight ago.

GUILTY , Death .

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

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

Received Sentence of Death, 12, viz.

Banks, alias Baker George - 219

Bartram Joseph - 185

Booth Joseph - 189

Bridgen Roger - 217

Cotton John - 216

Crow James - 191

Grecion Mary Ann - 216

Leadman Joseph - 196

Lowe William - 185

Miner William - 186

Mullins John - 191

Ware Joseph - 190

To be Transported for Fourteen Years, 1, viz.

Garland William - 215

To be Transported for Seven Years, 29, viz.

Biggs Antony - 194

Bellamy William - 175

Bond William - 200

Brewitt 4Thomas - 203

Carr Thomas - 215

Clack John - 162

Dean William - 181

Edwards William - 193

Etherton Thomas - 179

Ferguson John - 157

Gardner Edward - 180

Grimes John - 204

Harris John - 182

Henby Thomas - 179

Hopper John - 192

Jones Thomas - 201

- Richard - 160

Lisson Thomas - 194

Metcalfe James - 158

Radford Jenkins - 187

Roach John - 206

Roche David - 198

Smith James - 215

Stevens Samuel - 172

Terry Elizabeth - 161

Thomas Charles - 210

Trevais Richard - 197

White Thomas - 159

Wray Aarriot - 174

To be imprisoned Twelve Months, 1, viz.

James Noble (fined 1 s.)

To be imprisoned Six Months, 15, viz.

Robert Bellamy (fined 1 s.), Thomas Holmes (fined 1 s.), John Cole (fined 1 s.), John Rowe (fined 1 s.), John Dufort (fined 1 s.), Thomas Thornton (fined 1 s.), Jane Vincent , George Rown (fined 1 s.), Alexander Saunders , Thomas Webster alias Barnard (fined 1 s.), Thomas Williams (fined 1 s.), Samuel Self (fined 1 s.), William Blundell (fined 1 s.), Thomas Hart (fined 1 s.), Mary Hart (fined 1 s.), John Simmons , of a former sessions, (fined 1 s.)

To be imprisoned Two Months 1. viz.

Cecilia Waters (fined 1 s.)

To be imprisoned One Month 2, viz.

Hannah Evans (fined 1 s.), William Morris .

To be Whipped, 2, viz.

William Morris and Alexander unders.

Sentence respited on ROBERT PRICE till next Session, which will begin on WEDNESDAY, the 23d of MAY next.