Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 November 2014), January 1799 (17990109).

Old Bailey Proceedings, 9th January 1799.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON; AND ALSO, The Gaol Delivery FOR THE COUNTY OF MIDDLESEX HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, On WEDNESDAY, the 9th of JANUARY, 1799, and following Days, BEING THE SECOND SESSION IN THE MAYORALTY OF The Right Honorable SIR RICHARD CARR GLYN, KNIGHT, LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY WILLIAM RAMSEY, AND Published by Authority.

LONDON: Printed and published by W. WILSON, No. 15. St. Peter's-Hill, Little Knight-Rider-Street, Doctor's Commons.

1799.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, &c.

BEFORE Sir RICHARD CARR GLYN, Knight, LORD MAYOR of the CITY of LONDON; JOHN HEATH , Esq. one of the Justices of His Majesty's Court of King's Bench; Sir SOULDEN LAWRENCE, Knight, one of the Justices of His Majesty's Court of King's Bench; and Sir ALEXANDER THOMPSON , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE , Knight, 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.

John Kent ,

William Yateman ,

Joseph Nightingale ,

William Furness ,

Thomas Metcalf ,

Henry Bagnall ,

Richard Smith ,

Thomas Wilkinson ,

Robert Clayton ,

John Garton ,

Samual Conder ,

James Pate .

First Middlesex Jury.

Edward Brooke ,

George Fryer ,

Richard Noble ,

Samuel Osmond ,

James Hamerton ,

William Smith ,

Charles Kelly ,

Thomas Steele ,

Edward Preston ,

John Cooper ,

William Williams ,

George Ebsworth .

Second Middlesex Jury.

Abraham Francia ,

John Haynes ,

Benjamin Griffiths ,

Shirley Foster ,

Alexander Aughterlony ,

William Brown ,

Joshua Dane ,

Jonas Davis ,

William Hughes .

James Locket ,

William Stebbing ,

Robert Picket .

80. ANN MOORE was indicted for feloniously stealing, on the 4th of January , three quarters of a yard of carpeting, value 2s. 6d. four yards of ticking, value 3s. and one yard of chintz border, value 1s. the property of Garven Shotter .

GARVEN SHOTTER sworn. - I am an upholsterer ; I lost the property mentioned in the indictment; the prisoner is a woman that worked in the shop : Last Wednesday morning I saw a roll of ticking moved from the glass-case where it was kept; in consequence of that, I had reason to believe I was robbed; I went out, and left orders with an apprentice, William Evans , that the women should not go till I returned; when I came home about twelve o'clock, I enquired, and they told me that the woman had run away without her cloak; I sent Evans to her lodgings, he brought her back, I found nothing upon her; there was some property found at her lodgings, but I was not present.

Cross-examined by Mr. Alley. Q. You saw the ticking lying in your shop? - A. Yes.

Q. You had other people at work in your shop besides the prisoner? - A. Yes.

JOHN FENNER sworn. - I am a constable; Mr. Shotter sent for me last Friday; I went with William Evans to the prisoner's lodgings; I asked her if that was her room, she said, yes; I asked her if she would give me leave to look round the room; she said, by all means; I found some articles which Evans said were his master's; there were three quarters of a yard of carpeting on the floor, some pieces of ticking, and a yard of chintz border. (Produces them).

Cross-examined by Mr. Alley. Q. The prisoner very fairly shewed you every thing? - A. Yes.

Q. Did you find four yards of ticking - that that you have produced is a bed, is it not? - A. It is a mattrass.

Q. Did you find four yards of ticking? - A. No.

Q. That piece of carpeting you found openly on the floor? - A. Yes.

Q. And where is the chintz - do you call that bundle of rags chintz? - A. Yes.

WILLIAM EVANS sworn. - I am an apprentice to Mr. Shotter: On Friday evening last I went with the officer to the prisoner's lodgings, and found those things that are here.

Q. Where did you find the ticking? - A.Between the sacking and the bed, made up in a kind of mattrass, stuffed with new hair, and some small bits of ticking besides; this ticking that is stuffed, I can swear to be my master's property.

Q. Was it a mattrass when your master lost it? - A. No, we had used it as a wrapper to keep the goods from the wet.

Q. How do you know it to be your master's property? - A.Because I knew the pattern of the tick; I have opened the ticking, and in the inside of it there are some marks of dirt, which I remember very well.

Q. What is the value of that ticking in the state in which you used it? - A. About three shillings; I have another piece of carpeting here which matches exactly with that which was found at the prisoner's lodgings, that is worth about two shillings; I remember the pattern of this chintz border very well, it is worth about one shilling, we bought it at a linen-draper's in Cheapside.

Cross-examined by Mr. Alley. Q. That piece of border was publickly sold in the linen-draper's shop? - A. Not by anction.

Q. Was it not publicly sold in the shop? - A. I do not know how public it was.

Q. If I had a bit of carpet of the same size and pattern, you would have suspected me? - A. If it had been that identical piece, I should have suspected you.

Q. And the mattrass was concealed under that bed, where mattrasses ought to be? - A. No, not where it ought to be, it ought to be upon my master's premises.

MARY- ANN GREEN sworn. - I work at Mr. Shotter's: Last Wednesday morning, I went to work about ten minutes before nine, and Mrs. Moore was there before me; she came from the further end of the shop where the ticking was found afterwards; I asked her if she had been at work, and she said, no, she was poorly; she then went towards the fire, and then into a corner where the horse-hair was kept, and I followed her there, and saw her stoop towards the place where I afterwards saw the roll of ticking lay; she seemed as if she had something more than common under her petticoats, for she kept pulling it up all the morning; before twelve o'clock she went away without her cloak.

Cross-examined by Mr. Alley. Q. The roll of ticking that you saw in the shop, is still there, is it not? - A. Yes.

Q.It is not charged in the indictment? - A.No.

Mr. Shotter. I can speak to the ticking, I mean the mattrass, and to the carpeting; it is a Russiaticking, and a very uncommon thing, we have used it as a wrapper; and the carpeting I know by the pattern, and by the quantity that was missing.

Prisoner's defence. That mattrass belongs to my mother, who lives with me; there is that piece of carpet, and another small piece, I bought; and there was another small piece that was given me, with a work-bag, by this woman, Mrs Green.

The prisoner called two witnesses, who gave her a good character. NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

81. BRIDGET SULLIVAN and BETTY MURPHY were indicted for feloniously stealing, on the 15th of December , six pair of silk and cotton stockings, value 27s. the property of Thomas Appleby , privately in his shop .

THOMAS APPLEBY sworn. - I am a hosier , in Parliament-street, Westminster : On Saturday the 15th of December, about four o'clock in the afternoon, I was called into the shop to serve the two prisoners with a pair of black worsted stockings; I shewed them some, and sold them one pair, which Sullivan paid seventeen-pence for, they both bargained for them; they were leaving the shop, when Betty Murphy laughed, and said, good bye till I see you again; she repeated it again, opened the door, went out, opened the door a second time, put her head into the shop, laughed, and repeated the same words again; I thought it strange, and I had some suspicion of them, they had long red cloaks on; I examined the window of my shop, and missed six pair of silk and cotton stockings that were tied together; I then pursued them, and saw them in a pawnbroker's shop the corner of Bridge-street and Parliament-street; I accused them of having stolen some stockings, they both denied it; I laid hold of Sullivan's cloak, drew it on one side, and one pair of stockings dropped from her, I then observed her drop two pair more; Murphy no sooner saw me secure Sullivan than she made her escape; Sullivan went down upon her knees immediately, and begged I would shew her lenity; I kept her in custody, and took her to my house, and from thence to Queen-square Police-office.

Q. Have you ever found the other three pair? - A. No, never.

Q. Did they appear to be in company with each other? - A. Yes; they went out together.

Q. What is the value of these stockings? - A. They cost me four shillings and sixpence a pair.

Q. During the time they were in the shop, did you observe any thing from which you could suspect they had taken any thing? - A.No.

Q. Were they near the window in which these stockings were? - A. Not while I was in the shop.

Q. Why did not you bring your wife here? - A. She is in a very forward state of pregnancy.

Q. Was she in the shop at the time with you? - A. Yes, all the time.

Q. Do you know these stockings to be your's? - A. Yes, by moving them in and out of the window for a long time; they are an article we fell very little of; I am confident they were in the window within an hour and a half of their coming.

THOMAS HINDE sworn. - I live with Mr. Wassell, a pawnbroker, in Parliament-street: On Saturday the 15th of December, about four o'clock in the afternoon, the two prisoners came to our shop together, but for what purpose I do not know, for there was a dispute between them, and they were turning out of the shop again; Mr. Appleby then came up, and accused them of robbing him; he pulled the prisoner Sullivan's cloak, and then I saw a pair of stockings in his hand, I did not see them drop from her; I then saw him pick up two more pair; Murphy then ran away, and Sullivan went upon her knees, and begged for mercy; I afterwards saw the other prisoner return to the shop-window; I went out and secured her, but found nothing upon her; she had a bundle the first time, but she had none the second.

Sullivan's defence. I bought those stockings of a man in a public-house for twelve shillings.

Murphy's defence. I know nothing at all of it.

Sullivan, GUILTY Death . (Aged 19.)

Murphy, GUILTY Death . (Aged 43.)

Tried by the first Middlesex Jury, before Mr. RECORDER.

82. WILLIAM KERR was indicted for that he, on the 23d of December , in the King's highway, in and upon Nathaniel-Henry Spencer , putting him in fear, and taking from his person five yards of linen cloth, value 4d. and a linen handkerchief, value 6d. the property of the said Nathaniel .

NATHANIEL-HENRY SPENCER sworn. - I am a tin-plate-worker , at Little Chelsea: On the 15th or 16th of last month, I was going from Moorfields to Little Chelsea with a piece of coarse cloth in a handkerchief, about half past nine o'clock in the evening; I was going through Leicesterfields , and a man came up to me that I cannot get to appear, -

Q. You were robbed you say; who attacked you? - A. Mr. Kerr.

Q. Look round, and see if he is here? - A.(Looks all round.) I do not see him here.

Q. Should you know him if you were to see him? - A. I think I should.

Q. Look round once more, and see? - A. I do not see him.

Q. Did you ever find your property again? - A. Yes; I received it from the man that took him, and I cannot find him, his name is John Avery.(John Avery was called, but not appearing, his recognizance was ordered to be estreated.)

NOT GUILTY .

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

83. ROBERT SHELTON was indicted for feloniously stealing, on the 19th of November , two cotton gowns and coats, value 2l. a calico gown, value 1l. four petticoats, value 3l. a pair of stays, value 18s. a tea-pot, value 5s. a table-cloth, value 18s. six damask napkins, value 6s. another petticoat, value 10s. a muslin apron, value 8s. a yard and a quarter of binding, value 1d. thirteen buttons, value 2d. and a piece of sponge, value a halfpenny, the property of Elizabeth Kemp , in the dwelling-house of John Jones .

JOHN JONES sworn. - I live at No. 6. George-court, Snow-hill .

Q. Do you keep the house? - A. Yes; Mrs. Kemp left a box in my care the latter end of July, I do not know what it contained, it was put up in the garret, and in November last it was broke open, and the things gone; the lock was forced and broke, and the box empty, all but some waste paper; I cannot tell what day of the month it was, it might be about the beginning of the month; Mrs. Stevens, Mrs. Kemp's sister, found it broke open; she had wrote to her sister for some of her clothes, and she came to my house for them; the prisoner lodged in my house, he is a smith ; the box stood in his room.

ANN JONES sworn. - One morning as I was serving milk down Holborn-bridge, I saw Shelton going along with a great bundle under his arm -

Q. Was it near the time when Mrs. Stevens came to your house and found the box was broke open? - A. About ten days or a fortnight before that; I called to him, and said, is that you? he said, yes; I said, I thought you were in the hospital -

Q. Did he not lodge in your house? - A. Yes; but he went to the hospital about a fortnight before that; I asked him what that great bundle was; and he said, he was going to carry it to the other end of the town for a young man; I thought, sure the old man had not robbed me, and I ran up stairs, and found my things all safe.

Q. You do not know what was in that bundle? - A. No.

Q.(To John Jones .) I understood you, that the prisoner had lodged in your house till the time that Mrs. Stevens came? - A. Yes; he had been in the hospital, and lodged at my house five nights after; and before Mrs. Stevens came, there was another young man slept in the same room with the prisoner, he had slept in the room half a year, he lodges with me now; there were no other lodgers in the house; there was a young man slept there, it might be a week, while the prisoner was in the hospital.

Q.(To Mrs. Jones.) How long, after you had seen him with the bundle, did he return to lodge with you? - A. Three or four nights.

ANN STEVENS sworn. - I had the key of my sister's box, I locked it myself; I went again on the 20th, and found it broke open, and the contents gone.

ELIZABETH KEMP sworn. - I live at Lamport, in Northamptonshire: Upon hearing that my box was broke open I came to town, and, in the prisoner's room, I found a bundle containing about a yard and a half of silk ferret that had my private mark upon it; the prisoner had then quitted the lodging, and gone to another; I also found in the bundle a piece of sponge that I had left in the box, and a hank of buttons. The box contained, among other things, the goods mentioned in the indictment: there were two cotton gowns and coats, worth one pound each; four petticoats, worth three guineas, they cost me more; a white calico gown, worth one pound; a muslin apron, that cost me half-a-guinea, and all my muslin handkerchiefs and caps; a pair of stays, worth a guinea and a half; a tea-pot, worth five shillings; a tablecloth, worth eighteen shillings; half-a-dozen napkins, worth ten shillings; and a great many more things mentioned in the indictment; I have never found any of them again.

Mrs. Jones. The prisoner was gone away when Mrs. Stevens came, he had left an old coat and waistcoat, a pair of stockings, leather breeches, and jacket, they were good for nothing, in the bundle; I told Mrs. Kemp, he had left a bundle, and she might look if any of her things were there.

Q. How do you know that that bundle was his? - A. Because I had seen him wear the jacket and leather breeches.

Q. Had any other person lodged in the room after the prisoner had gone away, and before Mrs. Kemp came? - A. Yes, a barber lodged there, he lodges at my house now, he is not here; he works upon Snow-hill.

Q. What is his name? - A. I do not know, only Thomas. (An officer was sent by the Court to fetch him).

Q.(To Mrs. Jones). How came the prisoner to quit your house? - A. I do not know; when he came first, he agreed upon a week's warning, but he went away without giving me any warning; there was another person lodged with me at thetime, and does still, of the name of White, a porter; the prisoner said, first, I did not see him with a bundle, and then afterwards, he said, I did see him with a bundle, he was going to carry to be washed.

Q. You do not know whether any body had seen him about the house that day that you saw him go down Snow-hill? - A. No; my lodgers were both out at work.

Q. When you returned, after you had seen him upon Snow-hill, did you go up into the garret? - A. Yes, but I did not think any thing of the box.

THOMAS DENNIS sworn. - I am a hair-dresser; I have lodged at Jones's near a twelvemonth; I lodged in the same room that the prisoner did.

Q. Do you remember the prisoner going to the hospital? - A. Yes.

Q. Did any other person logde in the same room before he went to the hospital? - A. Yes.

Q.What was he? - A. A porter; he lodges in the same house now.

Q. How long had he lodged in the same room? - A.About a month before the prisoner went to the hospital.

Q. Do you remember a box in that room of Mrs. Kemp's? - A. Yes.

Q. Do you know whether the box was locked, or open, at that time? - A. I do not know.

Q. Do you remember the time that Mrs. Stevens came and found it open? - A. No.

Q.Was that box in the garret before you came to lodge there? - A. I cannot say.

Q. Do not you know the name of the man that lodged in the same room with you? - A. No; I go in at night, and come out in the morning; I very seldom say any thing to any body.

Q. Did you ever see any thing of any bundle? - A. No, never.

Q. Did you sleep in the same bed with this man? - A. No, I slept by myself.

Q. Did you ever see any buttons or sponge? - A. No, I never took any notice of any thing of that kind.

Q.(To Mrs. Jones.) Whereabout was this bundle lying that you speak of? - A. At the corner of the chimney close to his bed-side; any body might see it that took any notice of it.

Q. How many beds were there in the room? - A.Three.

Q. What became of the jacket and the breeches? - A. They are at our house now. The man that Thomas speaks of is a Quaker, and works at a chemist and druggist's; White lodged in the two pair of stairs.

Prisoner's defence. I had a kick over the knee by a bullock; I went into the hospital, and came away sooner than I ought to have done, because I wanted to get to work; I saw Mrs. Jones one morning, and paid her two shillings, and promised to come again, and pay her the rest, and told her, I would take away my bundle; they came and fetched me out of the shop where I was at work, and took me to Hatton-garden; I told her where I was at work, in Bath-street, Cold-bath-fields; that piece of sponge I have had these two years; and the buttons came off a pair of gaiters that were in the bundle; the buttons of one are on, and the other off.

Q.(To Mrs. Jones). Was there a pair of gaiters in the bundle? - A. Yes; one with buttons, and the other without.

Q.(To John Jones ). Are the buttons that you have here, the same kind of buttons with those upon the other? - A. I cannot say.

Court. Then you must go and fetch the bundle.

Q.(To Mrs. Jones). Did he pay you two shillings in part of payment? - A. Yes, he did.

Q. Did he tell you where he worked? - A. No; when I asked him, he said, it was somewhere about Cold-bath-fields.

Q.(To Mrs. Kemp.) Where did the buttons come from that you lost? - A.Off my husband's waistcoat.

Q. What were the number? - A.Thirteen.

Q. Do you say that from having counted them since? - A. Yes; but I knew there were either twelve or thirteen.

Q. Were they all of a size? - A. No, not quite.

Q. Has this silk ferret ever been used? - A. Yes, as a binding for my pocket.

Q. This mark you made, is a mark for the pocket? - A. Yes.(Jones produces a bundle, but the buttons on the gaiter did not correspond at all with them).

The prisoner produced three buttons from his waistcoat and jacket, but they did not correspond.

Seven witnesses were called, who gave the prisoner a good character NOT GUILTY .

Tried by the London Jury, before Mr. Justice LAWRENCE.

84. JAMES EYRES was indicted for the wilful murder of Gabriel Franks , on the 16th of October .(George Fryer was challenged on the part of the Crown, and John Mitchell served in his room.)(The indictment was opened by Mr. Abbott.)

Mr. Solicitor General. May it please your Lordship. Gentlemen of the Jury. The prisoner at the bar stands indicted for the wilful murder of a person of the name of Gabriel Franks. Gentlemen, this unfortunate man lost his life in consequence of a very outrageous riot which took place on the 16th of October last, late in the evening. Probably, Gentlemen, you most of you know, that there has been established at Wapping an office, called the Marine Police-office, in order to prevent those depredations which have taken place on the River Thames, and for the purpose of bringing to justice persons who commit offences, particularly against the Act called the Bumboat Act. That office was, upon the 16th of October last, while the Magistrates were engaged there in business, I believe between eight and nine o'clock in the evening, attacked in a most violent manner by a very outrageons mob, throwing stones of a very large size, breaking windows and doors, and committing a considerable degree of outrage there, which made it absolutely necessary that they should be resisted. After some time, the mob being extremely great, a pistol was fired from the office, which occasioned their temporary dispersion, and then the Magistrates got out of the office, for the purpose of reading the Riot Act, to induce them finally to disperse. Gentlemen, the Riot Act was read, and while that was going on, one of the officers was slightly wounded. The discharge of pistols had occasioned the mob to retreat, and, I believe, for your perfect understanding of the subject, it will be necessary for me a little to describe to you the situation of the office, which is in a street probably known to you, Gentlemen, called Wapping High-street, that I understand is parallel to the River Thames; the office is on the side next the river; a little below the office, about twenty yards from the middle window, is a place on the same side of the street, which is called the Dung-wharf , and which goes down to the Thames; opposite the office, and arched way, which leads to a place called the Cooperage; these two places of course furnished an outlet for the mob; part of them retreated to a place called the Cooperage, another part to a place called the Dung-wharf: I do not understand that the mob which retreated to the Cooperage ever returned again, but those who retreated to the Dung-wharf were rallied again; and, in consequence of the further disturbance which that produced, this unfortunate man, Gabriel Franks , and also one of the rioters were killed. Gentlemen, I believe, according to the evidence which will be given to you, it will be found that Franks going towards the Dung-wharf, for the purpose of making observations upon the rioters, was, from the Dung-wharf, shot by some person; and, with respect to the prisoner, the charge against him consits of this not that any evidence can be offered to you that he discharged the pistol by which Franks was killed, but that he was an active man in the riot, encouraging and inciting it; and you will be told by the Court, that the law of this country is clearly this, that if you are engaged in one common purpose and design of a riotous and tumultuous nature, which must in all probability lead to consequences which may produce bodily harm to numbers of people, and perhaps to the death of some, all the persons who are engaged in such an undertaking, if death ensues, are guilty of the murder, because it is impossible, in cases of that description, to discover from whom very often the actual stroke of death comes; but if they are engaged in one common purpose, and that purpose of a nature which I think the witnesses will clearly shew you the object of the mob in this case was, and if one of the persons engaged in that purpose does kill a man, that that is murder, not only in the person who actually inflicted the wound of death, but upon all who are abetting, aiding, and assisting in the riot which produced the unfortunate circumstance, Gentlemen, I shall not trouble you with a detail of the particular circumstances; I shall only beg to call your attention to the situation of the spot, because it will be material for your rightly understanding the evidence that will be given to you. You will recollect, that the Marine Police-office is on the river side of the street, that the Dung-wharf is on the same side of the street, that it is about twenty yards below the office, that is, that it is about twenty yards from the centre window of the office; that that is an open spot leading down to the river, and consequently affording that sort of retreat to the mob which I have described, and that the evidence as it is stated to me, will prove to you decesively, that the shot by which Franks was killed came from the Dung-wharf. Gentlemen, unfortunately two persons have lost their lives in this outrageous riot; one of them was one of the rioters, who was killed shortly before the shot which killed Franks, the other was this unfortunate man Franks, who was shot in the manner that I have described. The witnesses will detail to you the circumstances; they will state to you what concern the prisoner Eyres had in the riot, where he was at the time this accident happened, what his situation was, how far he was a person aiding, encouraging, and abetting that riotous disturbance, which unfortunately produced the death of the man, for whose murder he now stands indicted.

HENRY LANG sworn. - Examined by Mr. Fielding. I am clerk at the Marine Police-office: On Tuesday, the 16th of October, about half past eight in the evening -

Q. At that time were the Magistrates come to the office? - A. Yes, Mr. Colquhoun and Mr. Heriot.

Q. Was there any business going forward in the office that evening, which drew any number of people together? - A.About half past eight on the 16th of October, two coal-heaver s and a watchman's boy were brought to the office, charged with a misdemeanor.

Q. What were the names of those people? - A. Charles Eyres, the brother of the prisoner, and another man; they were soon after convicted by the Magistrates of the misdemeanor; they were all adjudged to pay a penalty of forty shillings. After the conviction, other business was gone upon, part of the money was brought to me, and there was some objection to the payment of the money: about five minutes after that, I heard a great noise in the street, which kept increasing till it grew quite outrageous; Mr. Colquhoun then ordered the constable in waiting, Richard Perry, to go out with the other constables, to see what was the matter, and if it could not be otherwise quelled, to bring the rioters in. About five minutes after, they began to batter the outside shutters of the office windows, which were fastened; that continued with very great shouting, and vast uproar, till at last the violence became so excessive, that they destroyed the outside shutters, broke in the windows, andthe stones came into the office, large paving-stones; it was wholly impossible, during this violence, for the Magistrates to attempt to go out, it was unsafe; and after this had continued for a considerable time, I imagine from ten minutes to a quarter of an hour, I heard a pistol fired from the office.

Q. Do you happen to know who fired that pistol? - A. I did not see it fired. About five or ten minutes afterwards, the Magistrates were enabled to go out, though I thought attended with some danger, and they did go out, accompanied with their officers, and I heard the preamble of the Riot Act read by Mr. Colquhoun; just at that instant, he had hardly finished reading the Act, when Thomas Mitchell, and another of the Police-officers, came running up to me, and it appeared that his hand was wounded, his hand was then bleeding, and of my own knowledge I can say no more of it; then a requisition was sent to the Volunteer Association, to assist the Police.

Court. Q. In what situation was Franks at that time? - A. A labourer, working on board ships , and was in the employ of the office, but was not within the office at the time the riot commenced.

Cross-examined by Mr. Gurney. Q. Where Franks was at the beginning of the riot, you cannot possibly tell? - A. No.

Q. How long were the Magistrates out reading the Riot Act? - A. I suppose about two or three minutes; it was read in a very audible voice.

Q.Franks was a lumper, was not he? - A. Yes, a foreman lumper.

Q. Not a sworn constable? - A. No, but occasionally assisting at the office.

RICHARD PERRY sworn. - Examined by Mr. Knowlys. I live at No. 5, Well-street; I am an officer belonging to the Police-office, Wapping.

Q. Were you the officer that had these persons in custody, for having coals in their possession? - A. Yes, I was.

Q. Was Charles Eyres one of those persons? - A. Yes, he was brother to the prisoner.

Q. After that charge was heard, what took place? - A. After the charge was heard, and they could not give the Magistrate a satisfactory account, two men and a boy were convicted, and adjudged to pay forty shillings each; Charles Eyres was one, and after they came out of the Magistrate's room, a friend of Charles Eyres came in to pay the forty shillings for him, he paid it into my hand, and, in a minute or two, there was a noise in the street; I opened the door to let Charles Eyers out, when there was a voice cried, you b-y long thief have you paid the money? I saw there was a riot going to be, and I shoved the door of the office to immediately: then there was another voice said, here goes for the forty; with that the fan-light of the door was instantly knocked all over me, I suppose with a stick, they could not have reached it without; I went into the Magistrate's room, and immediately the next light was beat, shutters and all, into the office, by large stones, I suppose twenty pounds weight, such stones as the streets were paved with; they then proceeded to the next light, that was beat in also with great stones.

Q. Was the street quiet at this time? - A. No, there was crying and shouting, and a great noise, and saying they would have the b-y Police-office down; they then proceeded to the third window, and beat that in also, and a large stone came in, which took me over the shoulder, and passed Mr. Colquhoun, the Magistrate.

Q. Did you feel yourself in danger at that time? - A. No doubt of it; I expected every man there would be murdered; I directly went and fired a pistol off out of the place where that large stone came in.

Q.Thinking it right to take that means to disperse the mob? - A. Yes, or else I judge we should have been murdered; I then said to the Magistrates, for God's sake, Gentlemen, let us go out of doors; Mr. Colquhoun then went out, and read the Riot Act; the stones were flying about at that time.

Q. Did any thing particular happen to any person while he was reading the Riot Act? - A. The moment it was done, I heard Mitchell, one of the officers, cry out, Oh Lord! Oh Lord! I saw him put his hand up.

Q. Did you see the deceased, Franks? - A. Yes; he desired me to give him a cutlass; I did not give him one, but I believe he had one by some means; we proceeded then towards the rioters.

Q.Whereabout was it that you perceived the people who were engaged in the riot? - A. By the Dung-wharf, about twenty yards, or there away.

Q. Is the Dung-wharf on the same side of the way as the office, or the opposite side? - A. The same side of the way.

Q. Lower down the river, or higher up towards the Tower? - A. Lower down the river; Franks and I walked ten yards, I suppose, looking at the mob, and then Frank's said, for God's sake, Perry, take care; he turned round, and, at that distance, I saw the flash of a pistol; I saw no more of Franks till I saw him at the Rose and Crown public-house.

Q. Did the pistol appear to be fired from the office, or any other quarter? - A. That pistol could not have been fired from the office, it was fired fronting to me, but it could not possibly come from the office.

Q. Did you hear any expressions made use of? - A. Yes, several horrid expressions, that they would kill all the people belonging to the office.

Q. Did you hear these sort of expressions morethan once? - A. Yes, several times, shouting and huzzaing, and making a very loud noise indeed.

Q. Was Franks known to be employed by the office? - A. Yes, he had been employed by the office some time.

Cross-examined by Mr. Gurney. Q. You are an officer-what had you been before? - A. I have kept a public-house, I keep a shop now.

Q.Probably the reason of that was, that your licence was taken away? - A. Yes, it was stopped.

Q.Upon what ground? - A. It was stopped at the time when a great number of public-houses were stopped for having liquor-shops, and selling spirits, they were called gin-shops.

Q. That was the only ground upon which it was stopped? - A. Yes; there were some other little circumstances, that a disorderly man was turned out, and he got away out of the office.

Q.Perhaps there might be some other little thing? - A. No.

Q. Has it not at all been said to you, I do not know with what propriety, that one of the shots from the office killed Franks? - A. I have not heard that said.

Q. You have not been charged with that at all? - A.No.

Q. How many pistols were fired from the office? - A. I cannot say, I believe there were more than one, two, or three.

Mr. Knowlys. Q. Franks was perfectly well after you had fired your pistol? - A. Yes, and was along with me.

Mr. Gurney. Q. Did you see any fire-arms in the mob? - A. No.

Q. Did you see any cutlasses in the mob? - A. No, I saw the stones coming.

Mr. Knowlys. Q. Was it so light, that if they had had pistols, you could have seen them? - A. No, it was dark.

BARTHOLOMEW PEACOCK sworn. - Examined by Mr. Abbott. Q. Did you know Gabriel Franks , the deceased? - A. Yes.

Q. When did you first see him on the 16th of October? - A. At the Rose and Crown; while I was there, I heard there was a riot at the Police-office; Franks and I, and Mr. Webb, the landlord, went towards the office; when we got there, we found a great number of persons aslembled, breaking the windows with large stones; we went to a side door, and knocked; Perry came to the door, and said, he had orders not to let any body in; Franks said to me, let us go amongst the mob, and see if we cannot pick out some of them; we then went towards the mob; as soon as we had passed the windows, a pistol was fired from the office window, and shot one of the rioters; we then went a little farther together; the rioters took the dead man upon their shoulders, and carried him towards the wharf.

Q. What did Franks and you do then? - A. There was one man particularly active, and Franks said, take notice of that man, while I go and get a cutlass; he then went towards the office, I remained opposite the Dung-wharf, on the other side of the street; about a minute after Franks had left me, I heard a pistol fired, and Franks cried out, that he was shot.

Q. In what direction was that pistol fired? - A. It appeared to me to be towards the office.

Q. Did you see Franks fall? - A. I did not.

Q. Did you hear any particular expressions made use of? - A. I heard one man call out for arms; I think the words were, bring the arms, and let us shoot all the b-s.

Q. Did you hear that expression before you heard the sound of the pistol? - A. Yes, Franks was with me at that time.

Q. What was the person, as far as you could judge of the man that Franks desired you to take notice of? - A. They were dressed a good deal alike, and it is impossible for me to recognize him; he was a tall man in a flannel jacket.

Cross-examined by Mr. Gurney. Q. You do not know all the officers of that office, and the persons belonging to it? - A. No.

Q.Perhaps a good many more of them for aught you can tell, were among the mob? - A. I cannot say.

Q. You know some of the officers? - A. Yes.

Q.Probably they had pistols? - A. I cannot say.

Q. You saw no fire-arms among the mob? - A. No.

Q. The weapons they made use of were stones? - A. Yes.

Court. Q. It was dark, was it not? - A.Very dark.

Mr. Gurney. Q. You could not distinctly hear the sound of the pistol, but it appeared to you to come from towards the office? - A. Yes.

Q. The Dung-wharf was between you and the office? - A. Yes.

Mr. Abbott. Q. What is the width of the street? - A. There is room for two coaches to pass.

Q. Was the sound loud, or how? - A. It was a very loud report.

Q. You did not see any of the officers interspersed among the mob? - A. No.

JOHN WEBB sworn. - Examined by Mr. Solicitor General. I keep the Rose and Crown public-house, Wapping, about thirty yards from the Police-office, or rather better: On the evening of the 16th of October, I was informed of the riot, I went out of doors, and saw a great mob in the street; they gave three huzzas, and began throwing greatagainst the window shutters of the Police-office; and in the space of about two minutes, I heard a report of a pistol near the end of the alley that leads up to the Marine Police-office door.

Q. The door is not in the street, but up an alley? - A. Yes. I then went just opposite the Marine Police-office, under a gateway, to one Mr. James's, and there I stood for a few minutes.

Q. Does that gateway lead to the Cooperage? - A. Yes. Then I saw a great many stones thrown against the windows, which were broke all to pieces; and I saw the flash of a pistol come through the hole that was broke in the Police-office window; I then heard there was a man shot dead; the mob still persisted in throwing stones against the window shutters; I went a little way below, and I saw a man close to me dead, apparently, on the ground; a tall man went into a shop and fetched a candle, and looked at the man, and he said to another of them, is that one of us; he said, yes; then says the other, get him on your back, which he did; I then went to a narrow passage just below the Dung-wharf, and while I stood there, I heard the report of another pistol apparently fired below the office, from where I was in the street.

Q. Did you see the flash of that pistol? - A. I saw just the light of it.

Q. Could you form a judgment from that, from whence it came? - A.No. As they were taking the dead man along upon their backs, I heard some of them say, d-n their eyes, we will go home and fetch some arms, and blow the office up; upon that I returned through the mob.

Q. Did you see them carrying this man before or after you saw the last pistol fired? - A. Before, about the space of a minute; I returned through the mob, and saw no more.

Q. Did you hear any thing said? - A. No more than that there was another man shot. I went home and found Gabriel Franks at my house, the shot, apparently, had gone through his body; Peacock and Franks and I had gone out of the house together, and just after the first pistol was fired, Franks took me by the arm, and said, Mr. Webb, you had better go home, for it is ten to one but they pick you out, as the officers use your house.

Cross-examined by Mr. Gurney. Q. You heard several pistols fired? - A.Three or four.

Q. The last pistol was fired about a minute after they had taken the rioter upon their backs? - A. Yes.

Q.Therefore, those persons could not have gone home and got arms? - A. No.

Q. The Dung-wharf was between you and the office? - A. Yes.

Q. How far were you from the Dung-wharf? - A.About one yard.

Q. The pistol was fired from towards the office? - A. Yes.

Q. You cannot tell, from the sound of a pistol, whether it is fired fifteen or twenty-five yards off? - A. No.

GABRIEL BUTTERWORTH sworn. - Examined by Mr. Fielding. I am a soldier; and occasionally work upon the Thames as a coal-heaver: On the 16th of October in the evening I went to Mr. Fox's public-house, I had just come from off duty, I went out to see for some work for the ensuing day; I heard that Charles Eyres was taken up for a misdemeanor; I went with Newman and Mason, they were going to pay the fine; I had not been there long before Newman and Mason, and then Charles Eyres came out; the prisoner said to his brother, Charles, d-n your long eyes, have you paid the money? to which Charles said, yes, I have; he took his brother by the collar, and dragged him towards the door, and said, come along, and we will have the money back, or else we will have the house down; shortly after that, in a very short space of time, there was a man in a blue coat began breaking the windows over the Police-office door with a stick; then the people began huzzaing and making a great noise, and took up stones, and began hammering the window shutters with the stones in their hands till the windows broke by the jar of the window shutters; shortly after, I saw one of the window shutters broke open; I saw the prisoner at the bar throwing stones like pavement stones into the Police-office; by this time there were two or three of the windows broke open in the front of the street by the violence of the rioters; I had not been there above a minute before I heard the report of fire-arms, and saw the flash from the Police-office; shortly after the first fire, there was another fire out of the one pair of stairs window; then I heard an expression from one of the rioters, d-n my eyes, there is a man killed; I grew alarmed, and went immediately across the street under the wall, thinking perhaps I might be shot; I looked to my left hand, and saw a man lying dead in the street; I saw the prisoner at the bar holding him up, and another man.

Q. Are you sure the prisoner at the bar was one of the men who was holding up that man who had been killed? - A. Yes; I went to see if I knew the deceased; I did not know him, because his face was so covered with blood; but the prisoner at the bar said, Butterworth, are you going away? yes, says I, I am.

Q. You were known to the prisoner, and him to you, before? - A. Yes, we were intimate acquaintances; I said, yes, I was going home, it was the fittest place for him and me too, we had no business there; he said, if I went away he would knock my brains out with a stone, he had three or four stones under his arm; and he said, who willlay hold of my ammunition, meaning the stones, I believe, I did not see any other ammunition, says he, and I will help the man up, but who it was that carried the deceased away I cannot tell; I went away from the office then, as far as Execution-dock, which is but a short space.

Q. Did you leave the prisoner there? - A. Yes; but as to fire-arms being discharged in the street, there was no such thing while I was there.

Q. You speak of the situation of James Eyres, and another man by the man that was killed, and in that situation you left them; where did you go to at that time? - A. To Mr. George Fox's; when I got to Mr. Fox's I saw Charles Eyres there.

Q. Did you see any thing more of James Eyres that night? - A. No, not at all.

Cross-examined by Mr. Gurney. Q.There was a great croud in the street? - A. Yes.

Q. It was a very narrow street, two coaches can hardly pass? - A. It is as much as they can.

Q. And the path-way is very narrow? - A. Yes.

Q. It was so crouded that a man could hardly get by? - A. Yes.

Q.You were walking through the mob, and then had an opportunity of seeing the rioters, and you saw no fire-arms? - A. No; after I was gone to Execution-dock I heard some pistols fired, but I cannot tell where they came from.

Q. But you saw none fired but from the office? - A. No.

Mr. Fielding. Q. How long was it before you arrived at Execution-dock after you had seen James Eyres , and this other man by the body? - A. Not a minute.

Q. At Execution-dock you heard the report of fire-arms? - A. Yes.

Q. But where that report came from you cannot immediately say? - A. No, I cannot.

ELIZABETH FORRESTER sworn. - Examined by Mr. Knowlys. I am the wife of George Forrester, I live in Gravel-lane: I was going towards the Police-office at the time of the riot.

Q. Do you know the prisoner, James Eyres ? - A. Yes, very well; I have known him a long time; I went to Mr. Webb's house with my husband, he had some money to receive of Perry, the officer; we had something to drink, and then we heard of the riot; Mr. Webb, and Franks the deceased, and another man, wanted to go out, and I said, no, I will go, they will not hurt a woman; I went out, and they were knocking against the shutters of the Police-office, and beating them to pieces, then there was a pistol fired; I was so frightened that I kept my bed for three weeks; and then some of them went away to the Dung-wharf, the others towards the Cooperage; the prisoner at the bar, with one Anty a coal-heaver, and a blacksmith, and a great many others, came up to the office, and said, let us have some more fun, we have not had our revenge yet, I will have the b-y Justices' heads off; then James Eyres, and Anty, and some more, struck against the window-shutters again, and they beat the windows all open, and then they ran towards the dung-wharf; and then Mr. Franks, that is dead, and Mr. Peacock, first went up, and Franks was not there a minute before I heard James Eyres say, fire, you b-r, fire; I do not know who it was said to; I tell the truth, I do not tell a lye.

Q. Was it said to a person in the mob, or in the office? - A. To a person in the mob; then Franks ran, and in about two yards he fell; I went up to him to look if he was shot, and they told me he was; then curiosity led me into the mob, and I went into the mob where the prisoner was, and many others, and there I saw a man lying dead upon the ground; James Eyres then said, d-n my eyes, here shall be a b-y murder this night, here is a man killed; I was then close at Eyres's shoulder; he then turned round to Anty the coal-heaver, and said, d-n your eyes, take him up; then there was another man wanted to go away, and James Eyres said to him, d-n your eyes, if you offer to go away I will knock you down; and he had some stones under his arm.

Q. Did you afterwards go to see Franks? - A. Yes; the men then went towards the Dung-wharf to get some hoop-sticks, and they broke them in half, and James Eyres said, they will be of no service to you; says he, take these, he held the dead man in one hand, and stooped and took up some stones with the other; James Eyres then said to Anty, d-n your eyes you are the strongest, you take him up, and then they carried the body towards Execution-dock; then one of them said, here is Branham, d-n his eyes, we have got him dead at last; Branham was a waterman, and belongs to the office.

Q. Did it turn out to be Branham? - A No, Mr. Branham is alive; the mob cleared then a little, and I went to see Franks, the doctor had got hold of him, with his finger in his back.

Q.Probing the wound? - A. Yes; I lent my husband a penknife to cut his clothes off.

Cross-examined by Mr. Gurney. Q. Which was killed first, the rioter or Franks? - A. That I cannot tell.

Q. Did you hear any exclamation that a man was killed before you heard that Franks was killed? - A. No; there was no man killed before Franks was shot.

Q. That you are certain of? - A. Yes.

Q. You had an opportunity of seeing, and therefore you must know whether any man was killed before Franks was shot? - A. No.

Q.Have you never said, that in your opinion, the same shot killed both Franks and the rioter? - A. I may have said so, I dare say I did; I saw them both dead at one time, and I heard but one pistol fired.

Q. Did you not state to the Justice, that it appeared to you, that they were both killed by one shot? - A. I dare say I did, and I think so now; I saw but one pistol; I am sure Franks was shot by that pistol, and I heard but one pistol fired, when I saw them both lie dead, and that was fired from the office.

Q. This was a dark night, was it not? - A. It was not a light night, but the lamps were lit; and when they broke the Police-office in, there was light enough came from there.

Q. You heard somebody say, here is Branham dead? - A. I dare say I did.

Q. Do you think you are more likely to remember things now than a week after the transaction happened? - A. No, I dare say I remembered better, I might not tell the Justice that, I do not know that I did.

Q. How many informations have you laid before the Magistrates? - A. None, nor I never was before a Magistrate before.

WILLIAM BLIZARD sworn. - Examined by Mr. Abbott. I am surgeon to the London Hospital; the deceased was brought to that hospital, and committed to my care on the night of the riot; I examined him, and found a wound on the right side of the breast; he was sinking very fast from internal bleeding, he was suffocating the blood leading to the lungs; he seemed in a dangerous situation to move him, and therefore I made no enquiry into the wound in his back; it appeared that his existence was likely to be very short; Mr. Headington, my brother surgeon, examined the body after his death, and he can speak particularly as to his situation.

Q. How long did he live? - A. I sent to Mr. Williams, the Magistrate, to receive an account from this man.

Q. Did Franks, the deceased, appear to be sensible of his own danger? - A. He did, and he particularly became much worse after I sent for Mr. Williams; however, he was collected, and capable of speaking, and I thought it my duty to take his declaration, having the honour to be a Magistrate for the Hamlets of the Tower.

Q. He seemed certain that his death was approaching? - A. Yes.

Mr. Gurney. Q. Was he at that time in a state of certainty that he was about to die? - A. I had no doubt of the event.

Q. Was the prisoner in a state of certainty of death? - A. I inferred it from him; when I mentioned to him taking his declaration, he said, oh, then I have but a little time to live; to which I made no answer.

Q. How long did he live afterwards? - A. Several days, much longer than I thought he would; Mr. Williams came just after I had taken the declaration of the deceased; I delivered the declaration to Mr. Williams.

R. WILLIAMS, Esq. sworn. - Examined by Mr. Abbott. I received the paper of Mr. Blizard, which I sent the next morning to Mr. Colquhoun, enclosed in a letter; I never saw it after.

Q.(To Mr. Blizard.) Did you ever see it afterwards? - A. No.

- HERIOT, Esq. sworn. - Examined by Mr. Abbott. I received the deposition of Franks, and when the Coroner sent for that deposition, I took a copy of it, and sent it to the Coroner, Mr. Walter; I kept a copy of it myself.

THOMAS WALTER , Esq. sworn. - Examined by Mr. Abbott. Q. Did you receive from Mr. Heriot a paper, purporting to be the declaration of Franks? - A. Yes; my clerk told me that he saw the original here last Sessions.

MAJOR WALTER sworn. - Examined by Mr. Abbott. I am clerk to my father; I was with him when he sat as Coroner upon the Inquest in this case; I received from him the original paper, purporting to be the declaration of the deceased.

Q. Is this the original paper? - A. No, this is a copy that I myself made: I saw the original at my father's, with the other depositions, all of which I afterwards brought here, and left at Mr. Shelton's office; I am certain that was among the other papers; the copy was left at the same time with him.

Mr. Shelton. I am looking over this bundle; the informations and depositions that are returned every Sessions, are put up in a bundle like this.

Court. Q. And can you say, that you have no others in your office? - A. I can.

Mr. Shelton. Here is the calendar of the papers that were returned, and the number in the calendar corresponds exactly with the number that are here now.

Q. Have you inspected your papers and books, to see whether the original deposition or declaration of the deceased is there? - A. I have, and it is not amongst them.

Mr. HEADINGTON sworn. - I examined the body after death.

Q. What sort of a wound did you find? - A. A small wound near the back bone, which passed through the lungs.

Q. By what was that wound given? - A. It is impossible for me to say, it was a ball to all appearance; I should imagine there were two balls, one came out between the third, and the other the fourth rib.

Q. And were those wounds the cause of hisdeath? - A.They were; the ball entered between the shoulders, near the back bone.

Q. Rather lower in the belly than behind? - A. No, rather higher.( Josiah Calmer and John Gibbon were called, but not appearing, their recognizances were ordered to be estrcated).

Prisoner's defence. I am innocent of the crime that is laid to my charge.

For the Prisoner.

GEORGE HALL sworn. - Examined by Mr. Gurney. I am a butcher at Wapping-wall, Shadwell.

Q. Do you know Elizabeth Forrester ? - A. I do.

Q. What is her character? - A. I believe a very infamous one.

Q. Is she a woman that you would believe upon her oath? - A. I should not, upon my oath.

Q. What is her general character? - A. A very bad one; I believe two-thirds of the parish would give evidence to the same effect.

Cross-examined by Mr. Fielding. Q. What sort of knowledge have you had of this poor woman? - A. She offered in our vestry to take a false oath against me, and I believe I got her husband dismissed from being headborough; upon my oath I have no enmity against her.

Q. This woman was, upon some occasion, about to give her oath against you? - A. Yes.

Mr. Gurney. Q. Is that the only reason why you have given her such a character? - A. The general character that she bears amongst her neighbours, is that of a very base one.

GEORGE FOX sworn. - Examined by Mr. Gurney. I am a coal undertaker, and overseer of Shadwell.

Q. Do you know Elizabeth Forrester ? - A. Yes, I know her very well; she bears as infamous a character, I believe, as any woman in the world; I am convinced she would as soon swear against any Gentlemen of the Jury, as against the man at the bar.

Q. Is she a woman you would believe upon her oath? - A. She is not.

WILLIAM MADDOCKS sworn. - I am an overseer of Shadwell.

Q. Do you know Elizabeth Forrester ? - A. I know her, but I should not have known her if I had met her; she lives in the next street to me.

JAMES NASH sworn. - Examined by Mr. Gurney. I am an auctioneer and broker at Wapping-wall.

Q. What is her general character? - A. Not a very fair one; she is always wrangling among her neighbours.

Q. Have you sufficient knowledge of her to say, whether you would or not believer her upon her oath? - A. I believe, I should not.

PAUL JOHNSON sworn. - Examined by Mr. Gurney. I am a timber-merchant, in New Gravel-lane.

Q. Do you know Elizabeth Forrester ? - A. Yes.

Q. From your knowledge of her, would you believe her upon her oath? - A. I really would not.

ROBERT WOOD sworn. - Examined by Mr. Gurney. I am a coal undertaker, at Wapping-wall; I know Elizabeth Forrester .

Q. From your knowledge of her, would you believe her upon her oath? - A. I would not, not no person in the parish I believe would.

WILLIAM HOMAN sworn. - Examined by Mr. Gurney. I am a tallow-chandler, at Wapping, and churchwarden of the parish.

Q. Do you know Elizabeth Forrester ? - A. Yes.

Q. Would you believe her upon her oath? - A. No, I would not, if she was to swear for an hour.

JAMES WATKINS sworn. - Examined by Mr. Gurney. I am a butcher, at Wapping.

Q. Do you know Elizabeth Forrester ? - A. Yes.

Q. Would you believe her upon her oath? - A. I would not, if she were to take a hundred oaths.

The prisoner called Captain Palmer , and three serjeants of the third regiment of foot guards, and three other witnesses, who gave him a good character for humanity, good nature, and peaceable demeanour.

Q.(To Peacock). Can you tell what space of time elapsed between the rioter being shot that was carried from the Dung-wharf, and the time that Franks was shot? - A. About four or five minutes.

Q.(To Webb). You saw a man take up the dead rioter upon his back? - A. Yes, he carried him down Wapping, about twenty yards from the Dung-wharf; I do not know where he went afterwards.

Q. Did you take such notice of him, that you should have known him again if you had seen him afterwards? - A. I do not think I should.

Q.What time was there between that and the hearing the report of the pistol with which Franks was killed? - A. I cannot say any thing with respect to Franks being killed.

Q.(To Butterworth). You said that the prisoner said, I will help the deceased, that is, the dead rioter? - A. Yes.

Q. Where was he carried to? - A. I cannot say.

Q. How long after that did you hear the discharge of the second pistol? - A It might be three or four minutes.

Mr. Gurney. (To Lang). Q. I believe the prisoner came to the office a day or two afterwards, and voluntarily surrendered himself, without there being a warrant taken out for his apprehension? - A. Yes, he did. GUILTY Death.

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

SENTENCE.

Mr. Recorder. James Eyres , Prisoner at the bar. You have been charged with the horrid and heinous crime of murder; by your plea you have denied the charge; the Jury, after a very patient and attentive hearing of your case, and of every circumstance which the humanity of a very learned Judge, and the ingenuity of an experienced and an able Advocate* could bring forward in your behalf, have found themselves bound by a duty which they owe to themselves, and which they likewise owe, in a case like the present, to the safety of the country, to pronounce you guilty.

*Mr. Gurney.

My task is a very painful one indeed, when it compels me to deliver to a fellow creature the most dreadful intelligence that can, perhaps, reach the ears of an individual, that his doom is fixed, and that an almost immediate separation of soul and body, is the necessary and inevitable consequence of a very profligate act of wickedness. - The very learned Judges, who preside over this tribunal, are satisfied with the verdict of the Jury; you must, therefore, immediately prepare to die for the great crime that you have committed. You have, prisoner, in breach of the peace, and in open violation of the laws of the land, in the pursuit of a very wicked purpose, namely, the demolition of the house in which the Magistrates administered the justice of the country, and the destruction of the Magistrates themselves, and that too after a very formal and legal notice to the party; you have been, I say, the wicked occasion of the loss to society of an innocent individual - I say the wicked occasion of the loss, because all persons who take an active part in a riot are answerable, by the sound policy of our law, for all the dreadful consequences which are most likely, and most unfortunately for you, in the late tumult and outrage, have ensued. Prisoner, - In a state of society, nothing promotes the real and solid happiness of the people so much as wholesome laws, and an uninterrupted administration of them; - the Magistrates, therefore, who are called into that often painful, but always very honourable service, must, of necessity, find protection against the outrages of the wicked and the profligate; they must find, I say, that protection in the strong arm, and the just vengeance of the law; a law which, I may truly say, is executed in this country in great mercy to individual delinquents, when mercy to individuals does not become cruelty to the public. My duty calls upon me, therefore, however painful the task may be, to declare, that in a case like the present, mercy to spare your life, would be to want mercy for the people at large, and to neglect the dearest interests of society. Prisoner, - As to your happiness, therefore, in the world to come, your crime seems to be so very malignant, that the limited understanding of man can scarce feel it to be within the reach of mercy; the religion, however, which we prosess, teaches us, that there are no bounds to the mercies of the Father of all mercies! - It may be, therefore, some consolation for you to learn, that your sufferings of body, and of mind, at the time of your execution; and the infamy and disgrace attached to a public exposition of your body after death, may, in the end, be found the means of expiating your crime, provided you apply at the Throne of Mercy for forgiveness with a contrite heart, full confession, and sincere repentance. I now pray God that your sad example may teach others to pause, to consider well before they engage in any illegal act of violence, which, tending to the destruction of the lives and properties of others, may, before they are at all sensible of their own danger, seal their own destruction, and their own final doom.

I pass now to the sentence which the law pronounces against all offenders of your description; I do award, and this Court doth adjudge, that you, James Eyres , the prisoner at the bar, be taken from hence to the place from whence you came, and from thence, on Monday next, to a place of execution; that there you be hanged by the neck until you are dead, and your body is afterwards to be dissected and anatomized , according to the statute in that case made and and provided. Prisoner, -The Lord have mercy upon your soul.

Prisoner. Amen. I hope he will.

85. GEORGE HAM and WILLIAM WALLACE were indicted for that they, on the 22d of December , in the King's highway, in and upon John Cossel , did make an assault, putting him in fear, and taking from his person three shillings in money, the property of the said John .

JOHN COSSEL sworn. - I live in the parish of Heston: On the 22d of December, about half past four o'clock, as I was going down Heston-lane , the two men at the bar met me and passed me, and then turned back, and said they wanted to search my pockets.

Q. Which said that? - A. They both spoke; I said they might if they pleased; they said they would search my pockets, and have my money; the shortest came up and stood foremost, and the other man stood with a pistol behind him; he then presented the pistol at me.

Q. When did they first pull out the pistol? - A. I saw it when they turned round, before they spoke to me.

Q. How came you to say they might have your money? - A.Because I was frit at them; they took three shillings out of my breeches pocket, and asked me for my watch, and one of them put his hand inside my breeches, but I had none.

Q. When did you next see them? - A. Last Monday was a week.

Q. How light was it at this time? - A. I saw them, I suppose, forty yards before I came to them.

Q. Are you sure these are the men? - A. I am certain sure.

Q. How far was the man from you that had the pistol? - A. About the space of two yards, I don't think it was more.

Q. Are you sure the man who stood with the pistol is one of the men at the bar? - A. The very same.

Cross-examined by Mr. Alley. Q. What length of time might have elapsed between the time of therobbery and the time they were apprehended? - A. About ten days.

Q. It was half after four, or near five o'clock? - A. It was about half past four.

Q. Did you not say, before you went into the office, that you could not undertake to swear to these men? - A. No; I said as soon as I went in, that if they were the men I could swear to them.

Q. Where do you live? - A. At Heston, about twelve miles from town.

Q. How happened it that you knew they were in custody? - A. The constable came to me, and I told him I could swear to them.

Q. You say, the man who had the pistol was about two yards distance? - A. Yes.

Q. Do you mean to swear that you saw the pistol before the man's hand was in your pocket? - A. Yes, as soon as I turned round, I saw it. I had twenty-three shillings in my pocket, and I had just before parted my money, and put the rest in my coat pocket; I was going a journey, but that having happened, I went into a public-house, and they advised me to go back to my master's, and see if I could find the men, and I went back.

- HAYNES sworn. - I am constable of the parish of Hillingdon: On Thursday, the 3d of January, about seven in the evening, some people came in, and said I was wanted; I opened the door, and the two prisoners were given into my custody by the constable.

Ham's defence. To the best of my knowledge, I was in town when the robbery was committed.

Wallace's defence. I was at another place at the time.

The prisoner, Wallace, called five witnesses, and Ham one, who gave them a good character.

Ham, GUILTY Death . (Aged 28.)

Wallace, GUILTY Death . (Aged 22.)

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

86. JOHN ALLEN , GEORGE ELMS , and JOSEPH JACOBS , were indicted for feloniously stealing, on the 10th of December , two sacks, value 3s. three bushels of beans, value 3s. and three pecks of peas, value 3s. the property of Jane Knight .

SAMUEL KNIGHT sworn. - I am the son of the prosecutrix; I do not know any thing of this of my own knowledge.

RICHARD HODGES sworn. - I am a a coal-merchant: Eight quarters of peas were delivered to our wharf, in Scotland-yard, by Opie, the lighterman, for Mrs. Knight, she lives in Oxford-street; they were to be carried to her.

JOHN OPIE sworn. - I am a lighterman: I delivered eight quarters of peas at Mr. Hodges's wharf, for Mrs. Knight.

- sworn. - I am a patrole of Bow-street: About half past seven in the evening, Jones was with me, we saw a cart standing at the corner of Oxford-street, there were two sacks in the cart, and nobody with the cart; we went on the opposite side of the way, and presently came the carter, Jacobs, and then Elms turned the cart round, and went down Crown-street; they stopped in Crown-street about a quarter of an hour; they then drove the cart on to West-street, where they stopped at a bird-shop, they then took a sack of beans out of the cart into the bird-shop; I saw the prisoners, Jacobs and Elms, come out of the shop, and we took them to Bow-street; they told us, they had been to carry eight quarters of peas up to Mrs. Knight, and that they gave Allen two shillings and a share of a quartern of gin; we took the horses and cart to their master, Mr. Hodges's, and went up to Mrs. Knight's, and apprehended Allen, he was the shopman there, and he confessed he had received two shillings and a share of a quartern of gin for his share.

THOMAS JONES sworn. - I know no more than the last witness has said.

The prisoners did not say any thing in their defence.

Jacobs, GUILTY (Aged 43.)

Confined twelve months in the House of Correction , and fined 1s .

Elms, GUILTY (Aged 43.)

Confined six months in the House of Correction , and fined 1s .

Allen, NOT GUILTY .

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

87. WILLIAM SMITH was indicted for feloniously stealing, on the 29th of December , a hempen sack, value 2s. and three pecks of wheat, value 5s. the property of Peter Lacey .

PETER LACEY sworn. - I am a farmer , and live at Stanwell : On the 29th of December, the prisoner worked for me, I saw him go into the barn just before he left his work, there were two bolts to the great door of the barn, and then he locked the door, and brought the key into the house to me. After he was gone, I went to the barn, and took William Wilkins with me; we searched different parts of the barn, and in the racket-hole we found a sack with three pecks of wheat in it covered over, and we left the place as we found it; we watched till half past ten o'clock, and then the prisoner came, and went into the barn by the little door, and brought this sack of wheat out upon his shoulder; it was behind a hedge, I jumped out, and then he ran away; I and Wilkins pursued him, and took him about a hundred yards off.

WILLIAM WILKINS sworn. - I am servant to Mr. Lacey: I went with Mr. Lacey into the barn, and found three pecks of wheat in a sack in the racket-hole; I watched with Mr. Lacey in the evening, and saw the prisoner go in, and come out again with a sack upon his back; Mr. Lacey jumped out of the hedge, and then he ran away.

Lacey. This is my sack, (producing it); it has my name upon it.

Prisoner's defence. My wife is dead, and I have two children to maintain; I hope you will forgive me.

GUILTY (Aged 36.)

Confined two years in the House of Correction , and fined 1s .

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

88. ELIZABETH WAKEHAM was indicted for feloniously stealing, on the 29th of December , a silver table spoon, value 10s. two silver tea spoons, value 2s. and a silver desert spoon, value 2s. the property of Mary Harding ; a pair of silver tea tongs, value 5s. a silver tea spoon, value 12d. and a muslin handkerchief, value 6d. the property of James-Murray Northey .

CORDELIA-MARY NORTHEY sworn. - I am the wife of James-Murray Northey; the prisoner was my servant : Last Saturday was a week, when I got up in the morning, the prisoner was gone, and I found the street door and all the room doors open; I missed two tea spoons and a pair of silver tea tongs, with the initials of C H; a double muslin handkerchief with a blue edge -

Q. Who does the table spoon belong to? - A. My mother, Mary Harding ; one tea spoon belongs to me, and one to Mrs. Harding; the desert spoon was Mrs. Harding's. There was nobody in the house but she and myself.

Q. Did you ever see them again? - A. Yes, Mr. Blamire shewed them to me last Friday.

GEORGE LONGDEN sworn. - I am an officer belonging to Hatton Garden: The prisoner took out a warrant against her mistress, and I brought her to the office; and she told the Magistrate, she had been robbed by the prisoner herself; upon that I went and searched the prisoner's lodgings, she went with me, she had a key, and opened the door, No. 8, Baldwin's-gardens; it was last Friday week; I found a silver table spoon, a silver desert spoon, two-tea spoons, a pair of silver sugar tongs, and a muslin handkerchief; I took her back to the office with the spoons, and she was fully committed for trial.

The property was deposed to by Mrs. Northey, part of it being marked, I M N.

Prisoner's defence. I gave her warning, and when the time came for me to go, she would not let me; she stopped my clothes, and had borrowed four shillings, and would not pay me; she would not pay me my wages; Friday night she sent me out at eleven o'clock at night for gin, and kept me up all night, and I told her the next morning that if she would not pay me, I would take these things for it, and I took them before her face.

Court. (To Mrs. Northey). Q. Did she give you warning? - A. No.

Court. Q. Did she take those things from you before your face, because you had not paid her her wages? - A.Certainly not.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

89. THOMAS SMITH was indicted for breaking and entering the dwelling-house of George Johnson , about the hour of six in the night of the 1st of November , and burglariously stealing two leather shoes, value 6s. the property of the said George .

GEORGE JOHNSON sworn. - I keep a house in Newcastle-street, in the Strand , I am a shoemaker : On the first of November, about six o'clock, or rather later, I lost two shoes out of my window.

Q. Was it light or dark? - A. It was dark.

Q. How were they taken? - A. By a piece of glass being taken out of the window; I had been in the parlour about a quarter of an hour, and upon my return into the shop, I perceived a vacancy in the window, and missed two shoes, and part of the square of glass; I went down the street, and saw two men waiting against the church rails; I waited a bit, and then they crossed over towards me; then I saw that the prisoner, who was one of them, had two shoes in his hand; I brought him back, and he said, he did not take them out of my shop; he dropped one in going along, this is the other, (producing it); I know it to be mine, I have the fellow of it at home, and I know my own work; I had seen them in the window when I lit up the candles; I am sure the glass was then found.

Q. Is the shop a part of your dwelling-house? - A. Yes.

Prisoner. He said at Bow-street, that the window was broke before.

Prosecutor. I had had my window cut about two years ago, and some shoes stolen, and this was the same square of glass; a piece had been puttied in as tight as ever it was, and that same piece was taken out.

Prisoner's defence. I never had that shoe in my hand, I know nothing of it.

GUILTY Death . (Aged 22.)

Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.

90. JOHN HAINES was indicted for that he, together with Thomas Clarke , (not yet in custody) on the 10th of November , at the parish of Stanwell , with certain pistols loaded with leaden bullets, feloniously and maliciously did shoot at one Henry Edwards , the said Henry being then and there in the King's highway .

The prisoner stood charged, in a second count, with maliciously and feloniously shooting at the said Henry, the said Thomas Clarke being present aiding, abetting and assisting the said John Haines .

The indictment was opened by Mr. Raine, and the case by Mr. Const.

HENRY EDWARDS sworn. - Examined by Mr. Raine. I am an officer belonging to Bow-street : In consequence of information of robberies, I was employed, with Dowsett and Jones, on Saturday, the 10th of November, to go to Hounslow-heath, we went in a post-chaise; we arrived at Bedfont as near seven o'clock in the evening as could be.

Court. Q. It was dark by that time? - A. Yes. At the door of the Bell public-house, at Bedsont, I observed two men on horseback; we proceeded on towards Staines turnpike, which is at the end of Bedsont-lane; about ten minutes afterwards, just as we got to the lane end that goes up to Stanwell, they came up to us.

Q. Had you a glass behind your chaise? - A. Yes; and Dowsett kept looking through the glass all the way we came, after having seen these two men, they both came up to the chaise on the near side, I sat on the near side, Jones in the middle, and Dowsett on the off side; they both rode past the chaise, and one of them went up to the boy and held up his hand in this kind of way, (describing it); and said, d-n your eyes, your b-r, stop; and the other having gone past, was obliged to turn his horse back to come to my window, he tapped at the window with the barrel of his pistol, which I could see very plainly, and said, d-n your eyes, you b-r, give me your money; I told them not to use us ill, and I would; then the man at the horses' heads said, d-n your eyes, Jack, give it to them -

Q. The prisoner's name is John? - A. Yes. And he fired that instant through the side glass, as I was pulling it down with my left hand -

Q.Which of the men was it that fired? - A. The man who was at my side, and demanded my money; we found, when we got to Bedfont, that the ball had gone out at the opposite frame; I then fired at him, and said to my brother officer, so that he could hear me, I am certain that I have hit him; then the man at the head of the horses fired at the front of the chaise, and if I had not been stooping, had I been sitting upright, the bullet must have hit me; I was going to get out, and the man at the horses' heads says, holloa, Jack, d-n your eyes, are you hurt, if you are not, come this way; then Jones fired immediately, and the man at the horses' heads rode off; I got out of the chaise, and went back in pursuit of the other, but could not find him; it was dark.

Q.Had you an opportunity of observing the horse? - A. I had, from the flash of both pistols, both his and mine; the horse's head being close to the glass, I could see that it was a dark brown horse, I could see perfectly the colour of the front part of the horse, but could not see the man's face, he had a kind of a rough shag brown bath coat on; the horse appeared to be between thirteen and fourteen hands high.

Q. Did you observe any thing about his head? - A. No, I did not observe any white about his head, it was the smallest horse of the two.

Q.Have you seen that horse since? - A. Yes, I have, at Mr. Kendall's stables, in Long-acre, and at Bow-street likewise.

Q. Can you speak positively to that being the horse which the man rode? - A. Yes, I am certain of it.

Cross-examined Mr. Knowlys. Q. It was dark, you say? - A. Yes.

Q. Then the only observation you made upon this horse, was from the flash of the pistols, during the short time which this transaction occupied? - A. And being so close to the chaise.

Q. Do you mean to tell us, that, by the flash of a pistol in a dark night, you can positively swear to the colour of a horse? - A. I can.

Q.You do not even know whether there was any white about the horse's head? - A. I did not observe that there was, I took no particular notice of the horse, but its being a remarkable small brown horse; I knew him among a dozen others while he was standing in the stable.

Q.Will you undertake to swear now to the height of the horse? - A. I took it to be between thirteen and fourteen hands high.

Q. You had no opportunity of seeing the legs of the horse? - A. No.

Q. And yet, in a dark night, you will undertake to swear to the horse? - A. I am certain to the horse, and nobody shall persuade me off of it.

Q. The horse that you have seen since has a great deal of white in the face? - A.Very little; I believe there is a little bit of a white spot.

Q.You were shewn a horse, for the purpose of judging whether that was the horse you saw upon that occasion? - A. Yes.

Q.And cannot you now recollect, whether that horse had any white in his face, or not? - A. It was never shewn to me in particular to judge; it was shewn to the other and the post-boy.

Q. Has he any white in his face? - A. I do not think that he has, I did not perceive any white at all about him.

Q. Did you examine him in the stable? - A. I did.

Q. Do you mean to swear that he has no white in his face? - A. I believe he has none, there may be a white hair or two.

Q. What is the colour of the horse? - A. A dark brown horse.

Q.Can you say now whether he has any white legs or not? - A. He has not.

Mr. Raine. Q. By the flash of the pistols, you not only had an opportunity of seeing the size and colour of the horse, but his shape? - A. Yes.

Q. And you singled the horse out afterwards, without being shewn to you? - A. Yes.

Jury. Q. If there were many other brown horses, could you have picked him out? - A. Yes, if he had been among fifty horses in a field I could have picked him out; he was a remarkable square-built little horse.

THOMAS JONES sworn. - Examined by Mr. Const. I am a conductor of the patrole; I was with the last witness and Dowsett in the chaise, at Bedsont, I sat in the middle, I did not see the men till they came up to the chaise; one of them went to the horse's heads, and said, holloa, stop, you b-r, stop; then the other man came to the chaise door, and tapped at the window, but whether he had a pistol or not, I did not see, I was looking after the man at the head of the horses; the man at the window demanded our money; we told them we would give it them directly; the man at the horses' heads then holloaed out, d-n your eyes, Jack, give it them directly: he had no sooner said that, than the man at the door fired through the window; Edwards immediately fired at him, and I still kept looking at the man at the horses' heads, expecting he would fire; Edwards had no sooner fired his pistol from the chaise, than the man at the horses' heads immediately fired at the front of the chaise; the ball that came from the horses' heads went through the glass, and cut the side of my face: I could then see him pull his left hand rein, and he went off; we then jumped out of the chaise; I heard Edwards cry out, I have hit him; we could not find the man.

Q. Had you any opportunity of seeing the horses? - A. No, I had not.

Cross-examined by Mr. Knapp. Q. You were in the middle, you say, and of course more forwards in the chaise than the other two officers? - A. Yes.

Q. And yet you do not venture to swear to the horse at all? - A. No, my eye was kept upon the man at the from of the chaise.

THOMAS DOWSETT sworn. - I was with the two last witnesses: I looked through the glass behind, in consequence of having seen two men on horseback, I kept looking back for a mile and a half, and they did not come; just as we had got to the lane that turns up to Stanwell, they came up; I immediately said, here they are, be upon your guard, expecting one to come on each side, but they both came on the near side, I sat on the off side; they both rode past the chaise, the one on the mare, the tallest horse, rode against the post-boy, swinging a pistol round his head, and swore, stop you b-r, stop, and came against the boy with so much violence as almost to knock him over the off horse; the other man then turned his horse towards the chaise, and came to the door with a pistol, tapped against the glass, and demanded our money; Edwards said, do not be in a burry, or something of that sort; he put his hand to the window to let it down, when the man at the horses' heads said, d-n you, Jack, give it them directly; he then fired, and the ball went through the chaise, and out at my side; from the flash of the pistol I could see the horse's head and pummel of the saddle, and the man's flap of his coat; it was a close-bodied short-necked horse, and tight made; a brown bay, you may properly call it, I believe, it was a singular kind of horse; and I am very positive that the horse I have since seen is the same horse; the horse was upon the prance all the time, he did not stand still at all.

Q. What do you mean by a brown bay? - A. A dark brown; I suppose he was between thirteen and fourteen hands high, it was considerably smaller than the other; Edwards immediately fired at the man, and said, I am sure I have hit him; and immediately the man at the horses' heads fired into the chaise; Jones returned the fire, which I blamed him for, for the other man was coming round, as I thought, to my side of the chaise, but upon Jones firing, he called out to the other man, d-n you, Jack, are you hurt, if you are not come along this way; and then turned his horse and went off; I got out of the chaise, took out the saddle-horse of the chaise, and pursued, but could not overtake him; I went the next day to No. 59, Gee-street, Goswell-street, where I found the prisoner at the bar, and Mrs. Barrington was in the room with him; he was lying in bed upon his back, and seemed to be very ill; I then went for Mr. Andrews, the surgeon, to see if he was sit to be removed; and, in consequence of that, he was removed to Carpmeal's house, in Bow-street.

Q. What was the matter with him? - A. He was shot, as I understand, I did not see his face that night, or else I should have known it, I know him very well; I saw the horse at the Red-lion, at Hounslow, it was a remarkable horse, and I have not a doubt but it is the same horse.

Cross-examined by Mr. Gurney. Q. Was the horse you found at Hounslow a dark brown? - A. Yes.

Q. Was there any white about it? - A. There may be a grey hair or two in the face.

Q. For any thing you saw, all his legs might have been white? - A. They might.

Q. And the hind quarters might be white? - A. No; I saw the hind quarters as he turned round.

Q. And yet you will pretend to swear to this horse? - A. I have no doubt about it; I flatter myself I know so much of horses I cannot well be mistaken.

JOSEPH HARRIS sworn. - Examined by Mr. Const. I am a labourer at the India-house: On Thursday the 8th of November, I saw the prisoner at the Mogul's head, in Drury-lane, about four or five o'clock in the afternoon. I lodge in the same house; there was one Clarke, and Bottom a currier, there.

Q. Have you known Clarke any time? - A. I have seen him twice before; Haines said, I was the only person he wanted to see, that he wanted me to get him a horse for to-morrow; I then told him the only person I knew that was likely to got him one was Thomas Coles; he then appointed that I should meet him the next day, at the Green Man and Still, in Cow-cross; I met him there the next day, and there was Clarke with him; I went from there to Coles's, and Coles was not at home; then I went from there to Mr. Brown's livery stables, in Clipstone-street, Mary-le-bonne; I left them at a public-house the corner of Fitzroy-square, I was to call for them if I got the horse; I got the horse and called upon them; Haines desired me to ride through the town, and I rode him to the corner of a street in Piccadilly, I do not know what street; when I got to Piccadilly, I delivered the horse to the prisoner, Clarke was then with him on foot; he told me he was going to Crcydon, and he should return that night, about nine o'clock, I never saw him after that till Monday morning; I made inquiry, and found Clarke near the Elephant and Castle, in St. George's-fields.

Q. Did you, by any means, from Clarke's information, find Haines? - A. Yes; there was a person with Clarke who went with me for the purpose of shewing me the prisoner, to No. 1, Union-square, Islington, there I found Haines in bed; I asked him how he did; and he said, he was very bad.

Q. Did he tell you what was the matter with him? - A. Soon after the doctor came in, and Clarke with him, and they helped him up in bed, and the doctor examined his wounds; and during that time, Haines said, he was certain it was the Bow-street officers that had shot him, for the glasses were all up, and the door opened a different way from what they in general do; he then said, that after they had fired, they got out of the chaise, and that he afterwards had a great way to come to the public-house, and that, from the loss of blood, he had a hard matter to get there.

Q. Did he say where it happened? - A. He said it was about four or five miles from the public-house that he came to.

Q. What house did he say that was? - A. The Nag's-head, at Hounslow; and the landlord there got him a chaise.

Q. Had you an opportunity to observe what sort of a horse it was? - A. A dark bay horse, or at least a dark brown horse, it had no particular mark upon it; it was a very remarkable horse, tight made, short necked, and very active.

Q. Did you see the horse that was produced at Bow-street? - A. Yes; that was the very same horse that I had of Mr. Brown for the prisoner.

Cross-examined by Mr. Knowlys. Q. Are you a labourer in the India-house now? - A. No, I have been in confinement lately.

Q. How long is it then that you have ceased to be a labourer in the India-house? - A. I have not been there since I was taken into custody for getting the horse.

Q. What jail have you been in? - A. In the House of Correction.

Court. Q. Upon this business was it? - A. Yes.

Mr. Knowlys. Q. You came from there now, do not you? - A. Yes.

Q. They were afraid to trust you out? - A. If I had tried for bail I might have had it.

Q.Whether the horse was hired for yourself, or for the prisoner, we are to learn from you? - A. Yes.

Q. What time of day did you go about this horse? - A. About two o'clock.

Q. If you had been honestly employed at that time, you would have been at the India-house? - A. I sometimes employ myself in buying and selling horses.

Q. But at this time you neither went to buy nor sell a horse? - A. No.

Q. Brown then trusted you with the horse? - A. No.

Q. Brown did not see where you took him? - A. No.

Q. I am afraid I must not ask you if you went on this horse with him? - A. No, I did not.

Q. You did ride it as far as Piccadilly, at least? - A. Yes.

Q. Had you a great coat on? - A. Yes.

Q. As persons would have that were going out of town? - A. Yes.

Q. You would think it impertinent in me if I asked you if you had pistols in your pocket? - A. No, I had not.

Q. You are sure of that, are you? - A. Yes.

Q.Not in your pocket, how far off were they? -

Court. You cannot ask that, it is an improper question; it does not bear upon the point before the Jury.

Mr. Knowlys. Q. Did you at all go to the India-house on Friday? - A. No, I did not.

Q.Have you been a labourer there since that Friday? - A.No.

Q.Then how came you to tell us you were a labourer in the India-house? - A. I have been there for three years.

Q.Then on the Friday and the Saturday you absented yourself? - A. Yes, I was employed in seeing after the horse; I got into trouble about it.

Court. Q. Do you know what trade the prisoner is? - A. Yes, a currier.

WILLIAM HAMMOND sworn. - Examined by Mr. Raine. I keep the Nag's-head-inn, at Hounslow: On Friday, the 9th of November, the prisoner at the bar, and another man, named Clarke, came to my house; Clarke's horse had stood at livery at my house I think seven nights.

Q.Was it a horse or a mare? - A. I do not know, I never saw it.

Q. How did the prisoner come? - A. On horseback, but I did not see him come; I think I saw them both a little before supper, about eight or nine o'clock.

Q. Did any thing pass between you and Haines? - A. Not that night.

Q. Do you know what time they got up next morning? - A. I cannot tell; they had breakfast after they got up; I know that was about eleven o'clock.

Q. How soon after that did they quit your house? - A. I did not see them after that, I never saw them to change a word with them, I only served them with what they wanted.

Q. How did they go away? - A. On horses, I take it, I do not know, the ostler can tell you; I do not go into the stables once in a month.

Q. How soon after this did you see the prisoner again? - A. I saw him about nine at night, that same Saturday night, about nine o'clock, he walked into the fore parlour, and called for sixpennyworth of brandy and water, and then he sat down.

Q. Did you observe whether, after that, he changed his seat? - A. No.

Q. Did you observe any thing particular after that? - A. No, he called for a bason of water to wash his hands, the servant girl brought it to him; he asked me if I could get a chaise for him; I sent my little boy for a chaise, and while he was gone, he said, he had been sayed, or shot, in Belsont-lane, but could not tell by whom; then he called for another sixpennyworth of brandy and water, and when the chaise came up, he desired me to ask what the chaise came to to Smithfield; I asked the ostler, he told me fifteen shillings and sixpence, and he paid the boy for the chaise, and gave him two shillings and sixpence for himself, and sixpence for turnpikes; the chaise came up to the door, and he told the ostler to drive the chaise close to the door, for he was rather lame, he said, he would walk to the chaise, and as he was going to the chaise, I saw the back of his coat dirty, I saw no more of him after that.

Q. Did he seem well or ill? - A. He did not seem ill to me in particular.

Q. Before he went, did he deliver any thing to you? - A. Yes, a pair of pistols, a pair of spatter-dashes, and a pair of spurs; he told me to take care of them for him; my girl held the candle for him to go into the chaise, and I stood quite in the passage.

Q. Did he say any thing to her? - A. Not that I heard.

Q. Did you look at any of the chairs he had sat upon in the front parlour? - A. No, I did not.

SARAH MORRIS sworn. - Examined by Mr. Const. I am servant to Mr. Hammond.

Q. Do you remember Haines and Clarke coming to your house, and supping there? - A. Yes.

Q. How was Haines dressed? - A. In a striped waistcoat and corderoy breeches, with a close buttoned coat, a white neck handkerchief round his neck, and a silk one over it.

Q. Had he any great coat? - A. He had one on his arm, and laid it down, it was a brown rough great coat; when Haines came in, Clarke seemed very fond of him, and said he had not seen him for a great while, and was glad to see him, and he agreed to come there, and have something; they talked so while I was laying the cloth; Haines said, he was going to London as soon as he had supped, for he had very particular business, and must go to market, and when I went to clear the cloth, Clarke said, this gentleman sleeps here to-night; I lit Clarke to bed, and then I lit Haines to bed; Haines desired me to call him at five, for he had some particular business to do at market; he had a blue apron on, which he untied while I was in the bed-room with him, and I thought he was a market, gardner; they got up again about eleven o'clock, they had their breakfast; Haines said, he was going to market, and the other said, he was going a different road; I saw Haines mount his horse, but I did not take notice where Clarke went to, and, about nine o'clock on Saturday evening, I saw Haines there again, and he desired a chaise to be got to go to town; he said, he had been sigged; my master sent for a chaise; he seemed to me very uneasy, and put his hand to his back; I did not take noticeof it to any body, because I thought it did not concern me; I saw him go away; I offered to light him, and he told me he did not want any candle, I need not trouble myself; I then saw that his coat was very dirty; I went to clean the room, and found the chairs that he had been sitting on were very muddy, I was obliged to take a wet cloth; he had sat in two chairs, he had moved from the chair he first sat in, and sat behind the door.

Q.Have you any doubt about the prisoner being the man? - A. No.

Q. You perhaps knew Clarke before? - A. Yes, I knew him when I lived in Piccadilly.

Q. Have you seen him often at Hounslow? - A.Never before that night.

Q. What business was Clarke, when you first knew him? - A. I never knew him further than seeing him come into the room; one called himself a market gardener, and the other said, he kept a public-house in London.

Mr. Raine. (To Hommond). Q. I think you said, Haines returned about nine in the evening? - A. Yes.

Q. Did you hear any horse run out of your yard soon after that? - A. Yes, I heard a horse go out of the yard directly after, but we have a great many horses in our yard.

WILLIAM PARKER sworn. - I am a post-boy: A chaise was sent for to the Nag's-head, at Hounslow, a little better than half after nine in the evening, Hammond told me, to go to Smithfield; I took up some man that I did not know, I went to the Windsor-castle, at Hammersmith, and there the man in the chaise told me to stop and take some refreshment; he called for a glass of brandy and water, I drank after he had drank, and the landlord had drank; then he got out of the chaise, and went into the back room, and I went into the taproom, and he ordered me another sixpenny worth of brandy and water; I had been there about five minutes, when another man came in, and asked, if I was going to town; I told him, I could not take him without leave of the gentlemen that I had brought with me.

Q. Did you take him? - A. Yes; and he gave me a shilling.

Q. You proceeded to town with these two persons? - A. Yes; and the man that got into the chaise last, when I got between Kensington and town, told me to stop at the first house that was open; I told him, there would be none till I got to Piccadilly; when I got to Hyde-park-corner, the same man put the glasses down, and told me to go very softly over the stones to Westminster; when I got to Westminster, he told me to stop, and he got out of the chaise, and went to a public-house, and called for another sixpennyworth of brandy and water, and called another man out.

Q. The man that got in first, had not spoke to you? - A. No. Then he took some brandy and water to the man in the chaise, but I do not believe he drank any, for I brought the glass back. Then he told me, he wanted to get some assistance for that gentleman, for he had a fall from his horse, and dislocated his collar bone; he then told me to go on to the Obelisk, in St. George's-fields, and I sat him down near the Elephant and Castle. While I was waiting for the other man to come from the public house, the first man seemed to be in a great deal of pain; he groaned once or twice, as if he was in pain, and put up the glasses; by that time, the other man had come back, and said, my man, we do not want you any further, I will get the gentleman some assistance, and take him home in a backney coach.

Q. Was that near the Obelisk? - A. Yes, within about one hundred yards.

Q. What kind of a coat had he on, do you know? - A. It appeared very dirty, and appeared such a coat as I have got on, a rough coat.

Q. Just before you got home to Hounslow, what did you observe? - A. A Little brown horse loose in the road, he followed me, sometimes behind, and sometimes by the side of my horses; I put him in the stable, and gave him some corn, it was about four o'clock in the morning, I did not take his faddle off, I observed that one girth was broke; I went into the stable about ten the next morning, and saw him.

Q. What size is he? - A. About fourteen hands and an inch.

Q. Did you observe any thing further about the faddle? - A. Not till the officer came; I observed, that upon the near side of the faddle, there was some blood.

Q. Did you observe any white marks about him? - A. No, only under the faddle.

Q. Was there about the head? - A. I do not believe there were any.

Q. What sort of a shape was he? - A. A tight made little horse, very active, and full tailed, and a shortish neck.

Mr. Knapp. Q. You took no particular notice of the head? - A. Not particularly.

SARAH JEWRY sworn. - Examined by Mr. Const. I keep a house in Union-square, Chapel-street, Pentonville.

Q. Do you know the prisoner, Haines? - A. I do.

Q. Was he ever at your house? - A. Yes; he was brought to my house by another man, on the Sunday morning, eight weeks ago last Sunday.

Q. Do you know a man of the name of Harris? - A. Yes; he was at my house on the Monday, the prisoner was brought there the day before.

Q. Do you know the man that brought him there? - A. I did not know him.

Q. Was it the same man that was there with Harris, on the Monday? - A. I believe it was.

Q. Harris, you say, then, came and saw him on the Monday? - A. He went up stairs.

Q. Were you present at any conversation? - A. No; Mrs. Barrington was without a lodging, and had been there several days; the two men asked for her, she was in bed.

Q. After Harris had been him on the Monday, how long did he continue there? - A. About four o'clock the same afternoon, another man took him away; Mrs. Barrington did not go away till after two o'clock.

Q. Do you know where they went? - A. No; I saw him again on the Wednesday following, at No. 59, Gee-street, Goswell-street; I went there to take some things for Mrs. Barrington, he was sick in bed.

JAMES PIGGOT sworn. - Examined by Mr. Raine. I am ostler to Mr. Hammond, who keeps the Nag's-head at Hounslow.

Q. Do you remember two persons coming to your house on the 10th of November? - A. Yes; I should know one of them, a man of the name of Clarke, but not the other; I had been Clarke before.

Q. Had Clarke a mare at your master's? - A. Yes; it had stood at my master's from the Saturday before.

Q. How did the other, man come? - A. On horseback.

Q. Had you the care of his horse? - A. Yes; it was a little brown bay horse, a dark coloured horse, about fourteen hands high, or rather better; a little short legged punchy horse, a little quick horse, seemingly, with his legs, and a shortish thick neck.

Q. What time did these men go away the next morning? - A.Clarke rode the mare, and the other man rode the little brown horse.

Q. What height was Clarke's mare? - A. I take it to be about sixteen hands.

Q.Taller than the little horse? - A. Yes.

Q. Have you any where seen this little horse since? - A. Yes; at Bow-street, last Monday was a week.

Q. Was that the same horse? - A. Yes.

Q. You are sure of that? - A. Yes.

Q. You saw the mare too? - A. Yes.

Q. And that was the same that you had had under your care for a week? - A. Yes.

JAMES SMITH sworn. - Examined by Mr. Const. I am ostler at the Windsor-castle, Hammersmith.

Q. Do you remember a man coming late to your house on Saturday night, the 10th of November, on horseback? - A. Yes.

Q. They went away in a chaise? - A. I do not know, I was in the stable.

Q. Did he leave the horse in your care? - A. He did.

Q. Was that the same mare that you afterwards delivered to the officers? - A. Yes.

Q. Have you since seen it at Bow-street? - A. No, I have not.

Mr. Raine. (To Dowsett.) Q. Was the mare that you shewed to Piggot, and the other people, the same that you had from that man? - A. Yes, it is the same.

WILLIAM BROWN sworn. - Examined by Mr. Raine. I live in Clipstone-street, Mary-le-bonne; I keep livery stables.

Q. Do you know Harris? - A. Yes.

Q. Do you remember his hiring a horse of you on Friday the 9th of November? - A. I do.

Q. When did you see the horse again? - A. On the Monday following.

Q. What sort of a horse is he? - A. I call him a dark brown horse, I sometimes let him for black work, I let him in harness all the summer; he is a very thick, square, little horse, and remarkable about his head and neck; he has a large head, and a very broad forehead, a thick neck and short; I saw him at the Red-lion, at Hounslow.

Q. And was that the horse you let to Harris? - A. It was.

Q. The saddle was let with the horse, I suppose? - A. Yes.

(Parker produces the saddle).

Brown. This is the saddle that I let with the horse: here is the mark of blood upon it now.

JOHN TOWNSEND sworn. - Examined by Mr. Raine. On Thursday, the 15th of November, I went from Bow-street, in company with Harris, and some of my brother officers, at his request, to Union-square, Islington, in order to apprehend the prisoner at the bar; we came there, and found nobody at home; we broke the door open, but found nobody in the house at all; upon enquiry among the neighbours, we found they were gone; we then left Harris at the House of Correction, and appointed next morning to go St. George's-fields after Clarke, and, in consequence of enquiries after him, we learned that Haines was gone to No. 59, Gee-street, Goswell-street, where we found the prisoner, in company with Mrs. Barrington, up one pair of stairs, he was in bed, on his back; we thought it was not right for us to attempt to move him, finding him in so dreadful a situation; Dowsett went for surgeon Andrews, who examined him, and, by his directions, we removed him to Carpmeal's house till he was sit to be examined, and from thence he was committed to prison.

JOHN ANDREWS sworn. - Examined by Mr. Raine. I am a surgeon: On the 16th or 17th of November, I went to Gee-street, Goswell-street, to examine the prisoner; I found that he was wounded in the left shoulder; he was extremely weak, apparently from the loss of blood.

Q. What do you conceive to have been the cause of that loss of blood? - A. Apparently from balls; one ball had certainly gone through him.

Q. What sort of a ball do you suppose that to have been? - A. A large pistol ball: he was then removed to Carpmeal's, and some days afterwards I extracted a ball from his shoulder. (Produces it).

Q.(To Edwards). Have you got the pistol here? - A. Yes.

Q. Have you any of the balls that you put into that pistol? - A. Yes, (produces some); I had put four of these balls and one large one into it.

Q. Look at that ball which Mr. Andrews has produced? - A. This is exactly the same kind of ball, so much so, that if it was put with the rest, I could not pick it out.

Q.(To Mr. Andrews). Do you believe there are any balls within him now? - A. I believe there are.

Q. There had been a considerable issue of blood, from whence did that blood proceed? - A. I did not see him for a week after, but I should suppose from the fore part of the shoulder; one ball passed through, and therefore it might bleed on both sides, between the body and the point of the shoulder

Mr. Knowlys. (To Edwards). Q. That is a great deal less than the bore of your pistol? - A. Yes, I only put in four of these to assist the other large one, in case of any thing happening.

Dowsett. A great coat was found in Haines's lodgings, which we did not take away, because he had it round him; it was very dirty, the dirt had not been rubbed off.

Prisoner's defence. What Harris has said is entirely false.

Court. Q. Do you chuse to give any account how you came by your wound-you may use your own discretion?

The prisoner made no answer.

GUILTY Death . (Aged 29.)

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

91. GEORGE GILES was indicted for feloniously stealing, on the 14th of December , half-a-pound of feathers, value 9d. the property of George Seddon the elder , Thomas Seddon , and George Seddon the younger .

BENJAMIN HERRING sworn. - I am clerk to Messrs. George Seddon the elder, Thomas Seddon, and George Seddon the younger; the prisoner was employed in the feather garret .

Q. How came you to suspect the prisoner? - A. In consequence of a note being dropped in the feather-shop, which said upon it, "Sir, search Giles:" it was picked up by William Marchant, and we agreed to stop him when he left work at eight o'clock; I followed him out of the premises, and called him back; I then called Mr. Thomas Seddon, and he interrogated him whether he had at any time taken property from the premises, and he said he had not; he then asked him if he had any property about him at that time, upon which he said, he had not; Mr. Seddon then told me to feel in his pockets, which I did; I found in one pocket some wood, and in the other feathers, in the half of a pillow, they were delivered to the constable; he then went upon his knees, and said, it was the first time.

WILLIAM MARCHANT sworn. - I am clerk to Messrs. Seddons; I found a note at the accompting-house door, (producing it); I took it into the accompting-house, and gave it to one of the clerks.

JAMES RIDGWAY sworn. - I am clerk to Messrs. Seddons; I received the note from the last witness; I consulted Mr. Seddon upon it, and, by my direction, he was stopped as he was going out; in short, he had got almost off the premises before we knew of it, for he went before the bell had done going, and I sent the first witness after him; I was present when he was searched, and the feathers taken from him.

Q. Can you swear they are the prosecutor's feathers? - A. No, I cannot.

ANDREW ANDERSON Sworn. - I work for Messrs. Seddons; about two days before he was taken, I saw that the prisoner had a bundle, but I do not know what it contained, I wrote the note.

RICHARD JONES sworn. - I work in the feather-garret for Messrs. Seddons; I saw a parcel of feathers in the prisoner's pocket as his coat hung up in the room, a day or two before he was taken; I told Anderson of it, and he said, it was sitting the master should know of it, and he wrote the note.

Prisoner's defence. I own the feathers were in my pocket, but I do not know how they came there; I believe it was a spite that Andrew Anderson owed me, because I used to make him keep to his work, and he was very late to his work.

Court. (To Anderson). Q. Was there ever any quarrel between you and the prisoner? - A. No.

Q. No ill will at all? - A. No.

GUILTY (Aged 37).

Whipped in the jail and discharged .

Tried by the London Jury, before Mr. RECORDER.

92. FREDERICK WAGGONER was indicted for feloniously stealing, on the 28th of December , forty-eight yards of blue baize, value 25s. the property of James Burrough .

JAMES BURROUGH sworn. - I am a hosier in Chiswell-street : On the evening of the 28th of December, about four o'clock, a person came in and asked, if a stool that was kicked down in the foot-path did not belong to me; I immediately ran out at the door, and found the stool lying there, and a piece of baize run away with; a gentleman going past told me a man had just run away with it, and he and I pursued, and overtook the prisoner with the baize upon his shoulder, after he had got about two hundred yards.

RICHARD FERRIS sworn. - I was sent for to take the prisoner at the bar into custody: he told the Magistrate he did it out of distress.

JOHN COWELL sworn. - I was passing up Chiswell-street on the 28th of December, and observed the prisoner with this large piece of baize upon his shoulder, I am sure the prisoner is the person; I acquainted Mr. Burrough with it, and we both followed him, and caught him with the baize on his shoulder.

Burrough. I believe this to be my baize, there is no mark upon it; there was a cord round it when I lost it, which was cut, and, in cutting it, he has cut through the baize in seven or eight folds.

Prisoner's defence. A man put it on my shoulder, and told me he would give me one shilling to carry it to Old-street.

GUILTY (Aged 17.)

Confined twelve months in the House of Correction , fined 1s. and discharged .

Tried by the first Middlesex Jury, before Mr. Justice LAWERENCE.

93. ELIZABETH WHITE was indicted for feloniously stealing, on the 3d of December , two diaper table-cloths, value 10s. two linen sheets, value 4s. two diaper towels, value 12d. a cotton counterpane, value 4s. two flat irons, value 4d. a linen pillow-case, value 12d. a blanket, value 2s. and a pair of cotton stockings, value 12d. the property of Mary Hooper , widow .

MARY HOOPER sworn. - I am a widow, I keep a stationer's shop in Holborn ; the prisoner is my servant , she has lived with me near three months, I knew nothing of the loss, but by the constable finding a number of duplicates upon her.

FREDERICK AUSTIN sworn. - I am a pawnbroker, (Produces a counterpane, pillow-case, and a book); they were pledged by a girl, who, I believe to be her daughter, in the name of White; we thought she brought them for her mother, and we put her down, girl White; I have had them ever since.

JONATHAN MACARTNEY sworn. - (Produces a table-cloth).

MARY WALMAN sworn. - The prisoner is my mother.

Q. Who gave you the things to pawn? - A. I took them myself.

Q. Who did you give the money to? - A. My mother.

Q. Did your mother know of your taking them? - A. Not that I know of.

Q. Who told you to take them? - A. Nobody.

Q. When you gave her the money, what did she say? - A. I do not know.

Prisoner. Tell the truth, though I am your mother; I gave them the child.

Court. It is very much to the credit of the prisoner, rather than the child should go on to perjure herself, as she has done, she confesses it.

(The property was deposed to by Mrs. Hooper).

GUILTY (Aged 40.)

Confined one week in Newgate , and fined 1s .

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

94. WILLIAM, otherwise GEORGE ABLETT , was indicted for feloniously stealing, on the 10th of December , three woollen cloth coats, value 20s. three woollen cloth waistcoats, value 20s. and a pair of velvet breeches, value 10s. the property of Theodore-Henry Broadhead , Esq .

(The case was opened by Mr. Minshull).

THEODORE-HENRY BROADHEAD Esq. sworn. The prisoner came into my service on the 4th of December last, and continued there till Friday the 10th; about a quarter after five in the evening he was missing; I missed the articles mentioned in the indictment the next day; the clothes were afterwards brought to me, and I knew them again.

Prisoner. Q. Had you not a character with me from a gentleman at Hammersmith? - A. No, I had not; I wrote to a Mr. Rowley, the gentleman with whom he told me had lived at Huntingdon.

Q. Then in fact you received him into your house without a character? - A. Yes.

WILLIAM DURRANT sworn. - I am servant to Mr. Broadhead. About five weeks back Mr. Broadhead lost three livery coats, three red kerseymere waistcoats, a pair of black plush breeches, two gold buttons of round hats, and a great coat; I missed them about five in the afternoon, and the prisoner was missing at the same time, that was on the Friday; I had called to him several times to bring up the dinner, but he was not to be found; he was detained on the Wednesday after at a public-house.

MARY DICKIE sworn. - On a Monday night the prisoner came to my shop, I was in the parlour; I went into the shop, and my servant was looking over some livery clothes; he said, they were hisown, he had them to sell; I said, how came you to have three suits of livery at once; he said, he had been in a good place, and he did not want money, but now he had left his place; he said, he was going to another to-morrow; I offered him two guineas; he said, he would not take any such money; he took them upon his arm, and went out of the shop; he was not gone long, before he came back again; he allowed them for fifty shillings; I told him I would give him no more than the two guineas, it was the full value of them; then he went away with them again up the street, and returned again, and said, I might have them; I gave him a guinea, a twenty-shilling note, and one shilling.

THOMAS DOWSETT sworn. - I am an officer,(produces the property): I received them at Bow-street, from Mrs. Dickie.

Mrs. Dickie. These are the same clothes, there is the crest on the buttons; this was on Monday, the 10th: on Wednesday, the 12th, there were hand-bills given about, and my man told me, that these livery clothes were stolen; I was very much flurried, and I asked advice; I was advised to send to Mr. Broadhead, and let him know; I acquainted him with it, and he desired I would meet him at Bow-street at seven o'clock, which I did, I took the clothes with me.

Durrant. These are the same clothes, I know them by the button, I should know them otherwise; I was going to look him out a suit that day to put on.

Mr. Broadhead. I know them to be mine; they have my crest upon every button.

The prisoner did not say any thing in his defence.

GUILTY (Aged 22.)

Transported for seven years .

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

95. MARY BOWMANA was indicted for feloniously stealing, on the 29th of December , a tin-saucepan, value 12d. and an iron frying-pan, value 12d. the property of Elizabeth Joshua .

ELIZABETH JOSHUA sworn. - I lost a saucepan and frying-pan out of my wash-house; I missed them in the morning, between seven and eight, on the 29th of December.

JOSEPH PARSLEY sworn. - I saw the prisoner go into Mrs. Joshua's house before eight o'clock in the morning; the street door goes with a latch; I saw her lift up the latch, and in about three minutes and a half she came out with the property; I asked her what she had got there, and she said, what was that to me; she dropped the frying-pan, and attempted to run away; I followed her, and brought her back; I then took up the frying-pan; I have had it and the saucepan ever since.

Mrs. Joshua. I know the saucepan to be mine, for I boiled a suet dumpling in it the day before, and it stuck to the bottom of the saucepan; and the frying pan is mine, for I fryed steaks in it the day before, and they stuck to the bottom of the pan.

The prisoner did not say any thing in her defence.

GUILTY (Aged 52.)

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

96. JOHN MURRAY was indicted for feloniously stealing, on the 22d of December , a wooden cask, value 6d. and 84lbs. of butter, value 44s. the property of John Strange and William Strange .

JOHN STRANGE sworn. - I am in partnership with William Strange , cheesemonger , in Bishopsgate Without; I can only prove the property, I had sent it by our carman to be shipped on board a Canterbury hoy, at Chester-quay.

THOMAS PALMER sworn. - I am carman to Messrs. Strange: I took five casks from the prosecutors to the Canterbury boy; I left them in care of William Naylor .

WILLIAM NAYLOR sworn. - I received five casks from the last witness, at Chester-quay ; I lost one from there -

Q. Is not that in the city of London? - A. Yes.

Q. Where was it found again? - A. At the Marine Police-office, in Wapping.

Q. Do you know how it came there? - A. No.

RICHARD PERRY sworn. - I am an officer of the Marine Police-office: On Saturday, the 22d of December, between seven and eight in the evening, I stopped the prisoner at the bar in Rosemary-lane, in the parish of Whitechapel, in this County.

Q.(To Strange.) What time did you send it out? - A. On the 22d of December, between one and two o'clock.

Perry. He had another man with him of the same colour* that I had in custody before; and upon my coming up, he said to the prisoner, take care, here is an officer; I then seized the prisoner, and asked him how he came by that cask of butter; and he told me, he had bought it, and given half-a-guinea for it; I took him to the office; it was adveristed, and Mr. Strange claimed it.

*The prisoner was a black man.

Strange. This is my cask, I know it by the mark, B. R. C. Benjamin Ricketts , Canterbury. They were all marked alike; there was only that one missing.

Prisoner's defence. I had been to work on board a ship, and this other black man gave it me to carry.

GUILTY (Aged 36.)

Transported for seven years .

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

97. WILLIAM THOMPSON , MARY SIMPSON , and ANN BEVAN , were indicted for feloniously stealing, on the 30th of December , two pillows, value 2s. a linen sheet, value 2s. a chintz gown, value 2s. 6d. three women's linen waistcoats, value 3s. a muslin frock, value 2s. a muslin cloak, value 2s. a child's shift, value 12d. two half muslin neck handkerchiefs, value 12d. a cambric neck handkerchief, value 12d. three damask napkins, value 3s. three damask clouts, value 3s. a pair of worsted stockings, value 6d. a pair of silk stockings, value 12d. a pair of silk gloves, value 12d. four child's shirts, value 4s. four child's laced caps, value 2s. a child's laced handkerchief, value 12d. two muslin pocket handkerchiefs, value 12d. three pillow-cases, value 3s. a table-cloth, value 2s. 6d. two damask napkins, value 12d. a huccaback napkin, value 6d. a linen shift, value 12d. a dimity cloak, value 12d. and a silk work-bag, value 6d. the property of Frederick Choppin , in his dwelling-house .(The case was opened by Mr. Const.)

PATRICK ROACH sworn. - I am a watchman of St. Martin's; I stopped the prisoner Thompson on the 30th of December, about half past eleven at night, in the Haymarket, he had a bundle; I asked him what he had got there; he said, they were his own things; I told him it was an unseasonable hour, and I took him to the watch-house, then he said, they were his sister's; then he said, he did not know what was in it; he afterwards said, he had got them from Mr. Choppin's house.

Cross-examined by Mr. Knowlys. Q. He told you he had them from Mr. Choppin's? - A. Yes.

Q. He said, a servant had given them to him to go to Yarmouth, where he was going that evening? - A. No, he did not.

Q. Do you know whether he was not going with the coach that evening? - A. No.

- THOMPSON sworn. - I am constable of the night. On the 30th of December, the prisoner was brought in by the watchman; he told me the bundle was given him by a young woman that lived at Mr. Choppin's, to carry to her mother, at Yarmouth; I then sent the watchman to Mr. Choppin's. The next day, about half past ten, I went up to Mr. Choppin's house, to know whether they pleased to come forward; Mr. Choppin was out of town; I took charge of the young woman, Mary Simpson; I went up stairs, and searched a caravan box, which she said was her's; there was another trunk in the room, she said, that did not belong to her; the first thing in that trunk was a chintz gown belonging to her mistress; she said, she had taken it from a closet below: Mrs. Choppin then went down stairs to look if there was any thing gone; there was a paper box up-side down, and Mrs. Choppin said, the child-bed linen was gone; in searching one of the drawers in the pantry, there were some things found packed up, and her mistress asked if she knew any thing of them, and she said, no, they belonged to the house-maid, and then I asked Bevan, and she owned to it.

Q. Did you tell her it was better for her to confess? - A. No; in her chest up stairs, I found some napkins and some table-cloths.

Court. They are laid to be a joint taking.

Cross-examined by Mr. Knowlys. Q. This man told you he had these things from a servant of Mr. Choppin's? - A. Yes.

Q.And he told you he was going to Yarmouth with them? - A. Yes.

SUSANNAH- SOPHIA CHOPPIN sworn. - I am the wife of Frederick Choppin ; I know this chintz gown to be mine; I have had it some years.

The prisoner Simpson did not say any thing in her defence.

Thompson's defence. I received these things from Mary Simpson.

Thompson, NOT GUILTY .

Simpson, GUILTY (Aged 27.)

Of stealing to the value of 2s. 6d.

Transported for seven years .

Bevan, NOT GUILTY .

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

98. SAMUEL WILSON was indicted for feloniously stealing, on the 26th of December , two silver table-spoons, value 10s. and two silver desertspoons, value 8s. the property of the Right Hon . the Earl of Essex .

GEORGE ALSBURY sworn. - I am servant to my Lord Essex; the day after Christmas-day a fire happened at my Lord Essex's house: as soon as my Lord and Lady had got out of the house, I thought it necessary to secure the plate in the dining-room; the moment I came back from my Lord Macartney's, where I had conducted my Lord and and Lady to, I found about a dozen or fourteen people in the dining-room; I ordered them all to withdraw, the prisoner was one of them; three or four of them were very unwilling to go; I desired them to go by fair means, otherwise I should use force; they all went out, and I locked the door immediately, and put the key in my pocket; I then went to my Lord's dressing-room for some writings, and, in about two minutes, I returned to the dining-room door, which I found burst open; I entered the room, and saw the prisoner putting spoons in his pocket; there were six or seven more people in the room with him; he took them from the plates that were upon the table in the dining-room; Iwent towards him, but the other people crouded me so, that he made his escape out at the door; I thought he had been gone through the porter's hall; I went to look for him, but could not see him.

Q. You did not speak to him at the time you saw him taking the spoons? - A. No; I returned and saw him in the room adjoining the dining-room, that we call the drawing-room; he was there handling something at my Lady's writing-desk; I caught him by the collar, and asked him what he had in his pocket; he said, nothing, but his own; I told him I should search him; he told me, I should not; by force I searched him, and took four spoons out of his coat pocket; I took the spoons in one hand, and him in the other, and delivered the spoons up to General St. John, who was at the door; I delivered the prisoner up to two people that I knew, who took him to the watch-house.

Cross-examined by Mr. Knowlys. Q. You have learned since who this man is, have not you, that he is a hair-dresser, in Wells-street? - A. Yes.

Q.Do not you know he was acquainted with some of the servants in Lord Essex's family? - A. He was not, nor I never saw his face till that evening.

Q. Do you know Lord Shrewsbury's family? - A. Only the butler, by sight.

Q.They live in the same street? - A. No, in Stanhope-street, which is close by.

Q. Do not you know he has met with Lord Effex's servants frequently in Lord Shrewsbury's family? - A. Not that I know of.

Q.You are not a livery-servant? - A. Yes, I am, but my livery coat was so bad, that I could not put it on; I was in livery at that time.

Q. Did he not tell you that he was taking care of them for the family? - A. He did not say any any such thing.

Q.Do you happen to know whether he actually secured any articles for the family? - A. No.

Q. The man had got completely out of your sight, and might have got out of the house? - A. Yes, he might.

Q. Did you see the publican who lives over the way, that day? - A.No.

General St. JOHN sworn. - I was at my Lord Effex's on the day when this misfortune happened, I was standing before the house soon after the fire; I saw the last witness, with several other people, bringing in a man that seemed to be in custody; Alsbury desired the favour of me to take these spoons into my possession, which he said he had taken from a man who was then in custody; I cannot say whether that man was the prisoner or not; I have had these spoons ever since, (produces them); I know these table-spoons to be my Lord Essex's, there are the coronet and arms upon them; the other two spoons have my Lady Essex's initials upon them.

The prisoner left his defence to his Counsel.

Alsbury. I believe he was in liquor at the time.

For the Prisoner.

ANN ROSE sworn. - Examined by Mr. Knowlys. I went with Wilson to drink tea at Stanhope-street, at Lord Shrewsbury's, to see a friend of mine, and he was to wait at a public-house till I called for him, and when I went he was gone; the fire had happened in the mean time.

Q. How far is the public-house from Lord Essex's? - A. About one hundred yards.

Q. You did not see him after the fire took place? - A. No.

The prisoner called six respectable witnesses, who gave him an excellent character.

GUILTY .

Transported for seven years .

The Jury wished to recommend the prisoner to mercy.

Court. It is a very bad offence taking advantage of the calamity of fire to commit depredations.

Foreman. The ground of our recommendation was the good character that he has hitherto maintained, together with the circumstance of his being in a state of inebriety.

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

99. JAMES MUNRO was indicted for feloniously stealing, on the 21st of December , twenty yards of printed calico, value 30s. the property of Thomas Hannam .

THOMAS HANNAM sworn. - I am a haberdasher and linen-draper , in Oxford-road : On Friday the 21st of December, a little after seven o'clock in the evening, I was sitting in a little room adjoining my shop, when the prisoner at the bar opened the shop-door, there was a glass-door between me and the shop; I saw him come in and turn his back towards me, and began to take some goods off the shop counter, there was nothing but prints on the counter of any consequence; I went to rise from my chair and tumbled over it, which made a very great noise as I sat at the fire; I ran out into the shop as fast as I could; upon coming into the shop I saw three or four pieces of calico lying upon the ground, I immediately went to the door and called out stop thief several times.

Q. Did you see any body run out? - A. I did not; after I had picked up the pieces that were on the ground, I thought I saw a person running down Argyle-street, which is about two hundred yards from my shop; I pursued him into Marlborough-street, where I saw a mob; I went into the mob, and saw some watchmen had hold of the prisonerat the bar, with my prints all over dirt; a piece was cut off and delivered to me, I have had it ever since; it was cut off in order to match it.

Q. Independent of the circumstance of the prisoner being stopped by the watchman, should you have known the prisoner to be the person that came into your shop? - A. Yes; I was sitting in a very dark room, and there were a dozen candles in the shop; I am sure he was the same person that came into my shop.

PATRICK CONWAY sworn. - I am a watchman: After calling the hour of seven o'clock, as I was in my box at the corner of Little Argyle-street, about three hundred and fifty yards from Mr. Hannam's, I heard a cry of stop thief; I saw the prisoner coming from Great Argyle-street into Little Argyle-street, with something under his arm; upon my making towards him, he dropped these two pieces of calico, I was about two yards from him when he dropped them, or rather closer; my partner pursued the man, and I took up the pieces; I then went to my partner's assistance, he had got hold of the prisoner by the collar, and we took him to the Justices in Marlborough-street; Mr. Hannam then came in, and said, that was the man that had robbed him; and we cut off a piece of each.(Produces them).

ANDREW RUSTY sworn. - I am a watchman, partner of the last witness: I heard a cry of stop thief, and saw a man come running down Little Argyle-street, I saw him drop something; he passed my comrade, and I pursued him, and stopped him in King-street; my comrade took the cottons to Marlborough-street. (The property was deposed to by Mr. Hannam).

Prisoner's defence. As I was coming up Argyle-street, I met a man that had something in his hand, and then the watchman laid hold of me.

GUILTY (Aged 20.)

Transported for seven years .

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

100. MARY SMITH was indicted for feloniously stealing, on the 18th of July , a piece of gold called a seven-shilling-piece , the property of William Wallis .

ELIZABETH WALLIS sworn. - I keep a snuff-shop , I live in Major-Foubert's-passage : On Saturday the 3d of July, about three o'clock in the afternoon, the prisoner came in, and asked for two ounces of scotch-snuff, and two ounces of tobacco, she gave me a guinea to change; I told her I had nothing but seven-shilling-pieces, I gave her two, and I gave another to Agnes Hart to get change at next door; the prisoner bit the two, and said they were bad, that I dealt in bad money; she laid them down on the counter, and then I gave her another.

Q. What did she do with the third? - A.She put it to her mouth and bit it as she had done the others, and then she swallowed it, I suppose, for I never saw it after; I then desired her to go about her business; a constable came from Marlborough-street, she was taken there, and was committed.

Cross-examined by Mr. Alley. Q. How many seven-shilling-pieces might you have had that morning? - A. Four.

Q. How many people might you have given change to that day? - A. I cannot say.

Q. How many pieces did you take in the course of the day? - A. Not one; them I had in my pocket in the morning.

Q. Have you not said that you gave change to another woman? - A.No; I gave Mrs. Hart one to get change.

Q.What was done with the guinea - you had the guinea? - A. No, she took it up again.

Q.When she found she did not get her full change she took it up again? - A. Yes.

Q. You told her to go about her business? - A. I told her to give me my money, and go about her business.

Q. She was searched, but no seven-shilling-piece was found upon her? - A. Yes.

Q. Did you not say before the Magistrate, and was it not upon that that she was let out upon bail, and has been ever since, that you could not ascertain how many seven-shilling-pieces you had that morning? - A. No such thing, I never said so; that one seven-shilling-piece I never had back from her.

Q. You gave her first two seven-shilling-pieces, did she lay them down upon the counter before you gave her the third? - A. She laid down one of them.

Q. How many had you after she went away? - A. I had two seven-shilling-pieces, and seven-shillings in silver.

Q. I ask again - did you not take off the counter one, or two, of the first seven-shilling-pieces, before you gave her the third? - A. I cannot tell.

Q. Then how do you know that the third you gave was not one of the other two that you had given her? - A. I can swear I gave her three, and had but two back.

Q. Do you carry on business on your own account? - A. Yes.

Q. Your husband has nothing to do with it? - A. He is a tradesman by himself.

Q. You cannot tell whether you took up two or one before you gave the third? - A. I cannot.

AGNES HART sworn. - I went to Mrs. Wallis's for some tobacco for my husband; when I went in, Mrs. Wallis weighed my tobacco; but before she finished with me, this woman came in for snuff and tobacco that came to about one shilling, andshe wanted change for a guinea; Mrs. Wallis took out her purse, and laid down three seven-shilling-pieces; Mary Smith gave them all back, and said they were bad money; she bit them all three.

Q.Did she give them back one at a time, or how? - A. She gave them all three at once; then Mrs. Wallis threw her down another to chuse, that was the fourth; and then she picked out three from the four that she was satisfied with; Mrs. Wallis took one of them out of her hand, and asked me to get change next door; when I came back, Mrs. Wallis took the tobacco and snuff, and gave her a guinea, and told her to take the guinea and give her the other two seven-shilling-pieces; I saw Mrs. Smith give another of the seven-shilling-pieces back; Mrs. Wallis desired her to leave the shop, for two months ago she wanted to cheat her out of a guinea; a great many words ensued because she did not give up the seven-shilling-piece.

Cross-examined by Mr. Alley. Q. Did you hear the story that Mrs. Wallis told? - A. Yes.

Q. You did not seem at all agreed? - A. I cannot help that.

Q. Mrs. Wallis gave her a fourth? - A. Yes.

Q.When you came back, Mrs. Wallis was quarrelling about this seven-shilling-piece? - A. Yes.

Q. Mrs. Wallis had the guinea in her hand, and desired her to go about her business? - A. Yes.

Q. Mrs. Wallis had the guinea in her hand after the dispute had arisen? - A. Yes.

Q. And she threw it down, and desired her to go away? - A.She did not know then whether she had lost the seven-shilling-piece or not.

Prisoner's defence. I am quite innocent of the charge.

Mr. Alley contended, that the prosecutrix having a security in her hand it could not amount to a felony, for she returned the guinea before the transaction was compleated, and therefore it was in her own laches.

Q.(To Mrs. Wallis.) Did you desire her to take up her guinea? - A. No; I desired her to give me my money and go away; she took it up, I did not desire her.

Q.(To Hart.) You say Mrs. Wallis desired her to take up her guinea, and go about her business? - A. I cannot say; I think it was so.

Q. You said she desired her to take up the guinea, - now are you accurate as to that? - A. I think I am.

Q. Did the prisoner take it up, or did Mrs. Wallis desire her to take it up? - A. I cannot say positively.

The prisoner called two witnesses, who gave her a good character. NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

101. ANN NICHOLS , otherwise WILSON , was indicted for feloniously stealing, on the 14th of December , a cloth cloak, value 9s. a cotton gown, value 3s. a child's cotton frock, value 2s. a muslin shawl, value IS. 6d. and a half silk handkerchief, value 6d. the property of Patrick Jennings .

ANN JENNINGS sworn. - I am the wife of Patrick Jennings, I keep a house, No. 7, Dyot-street, St. Giles's ; the prisoner was my servant; I looked the things up to be washed, and laid them on a table for her to carry to the wash-house: On Sunday evening, about half past seven, she went out, and did not return again, I suspected she was gone away; I went to the wash-house, and missed the things mentioned in the indictment, (repeating them). The pawnbrokers are here with the property; she was taken up last Wednesday. I always found her exceeding honest till now.

Q. JAMES MARTIN sworn. - I am a clothesman, in Field-lane: On the 29th of last month, I bought of the prisoner, a blue bath cloak, at a house where I sometimes sell boots and shoes; she told me, I need not be afraid to buy it, it was her own property, she had just taken it out of pawn for five shillings; I delivered it up to the constable at Hatton-garden; I gave her four shillings and nine-pence for it.

EDWARD DEWER sworn. - (Produces a cloak, a cotton gown, and a child's frock); I had the cloak from the last witness; the other things I had from Mr. Saunders, in Chick-lane; I received also, of Mrs. Saunders, these tickets, (producing them).

JAMES PATTERSON sworn. - I am a pawnbroker: (Produces a half silk handkerchief and a muslin shawl); I took them in of a woman, but I do not recollect the person.

Martin. This is the cloak that I purchased of the prisoner.

Mrs. Jennings. I know this cloak, it was taken out of the bed-room, I am sure it is mine.

Prisoner. I never had any wages from her, I was not her servant.

Mrs. Jennings. She had victuals, drink, lodging and clothes. GUILTY (Aged 38).

Confined six months in the House of Correction , and fined 1s .

Tried by the first Middlesex Jury, before Mr. RECORDER.

102. SARAH WEBBER was indicted for feloniously stealing, on the 26th of December , a cotton counterpane, value 10s. the property of John Eastland .

The pawnbroker not being able to swear to the person of the prisoner, she was ACQUITTED .

Tried by the first Middlesex Jury, before Mr. RECORDER.

103. MARY HALL was indicted for feloniously stealing, on the 21st of December , a deal box, value 1s. 6d. a linen cap and fillet, value 6d. and a pair of leather gloves, value 6d. and a pair of leather gloves, value 6d. the property of Alice Horton .

ALICE HORTON sworn. - I lodge in a garret at Mrs. Gough's, in North-row : On the 15th of December, at night, I lost a box, containing the things mentioned in the indictment, (repeating them); I had seen them in the morning; the prisoner was a servant out of place; I do not know any thing of the loss.

JOHN PADDINGTON sworn. - I am a constable of St. George's, Hanover-square: On the 21st of last month I was going to put the prisoner in the workhouse, out of charity, and I went to her master to prove her settlement, and he gave me charge of her for another offence, produces a cap, a fillet, and gloves); I found them upon the prisoner.

- sworn. - I keep a broker's shop; I bought a box of the prisoner; she told me she had left her place, and did not want it.

JAMES KENNEDY sworn. - I am an officer; I went with the prosecutrix to the last witness's shop, where I found this box. (Producing it).(The property was deposed to by the prosecutrix).

The prisoner did not say any thing in her defence.

GUILTY (Aged 21.)

Confined six months in the House of Correction , and fined 1s .

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

104. ANN LOCKHART was indicted for feloniously stealing, on the 2d of January , two aprons, value 6d. a bed-gown, value 6d. two linen sheets, value 6s. a bolster, value 6d. a cloth waistcoat, value 6d. and two blankets, value 2s. the property of Thomas Stroud .

THOMAS STROUD sworn. - I live at No. 5, Church-lane, St. Giles's , up two pair of stairs; I went out on Wednesday morning, between nine and ten, I locked the door and took the key with me; I returned about half past three, and found the door standing wide open; I missed two sheets and two blankets from the bed, and my wife's apron; I went down immediately to let the landlord of the house know that the room was broke open, and he went up with me; my wife had gone out before me in the morning, and was not come home when I came home; the next day I was coming down Earl-street, and saw my wife's apron and a bed-gown hanging at an old Iron shop; it was Mrs. Cornwall's shop, and she told me, if they were mine, to take them away, which I did; the prisoner lived in the same house under me; I met with her the next day, and I told her I had found some of my things; then she said, she hoped to God Almighty that I might find the other things, and was very sorry for the loss; I then went back again to the same shop, and found two blankets, two sheets, a bolster, a coarse apron, and a waistcoat; they are all here.

Prisoner. Q.Did you not give me these things to sell? - A. No, I did not.

FRANCES CORNWALL sworn. - I live at No. 3, Great Earl-street: On the 2d day of the new year, the prisoner came to me with a pair of sheets, a waistcoat, and other things; I asked her what she asked for them; she said, nine shillings; I gave her seven shillings and sixpence, and she was to come the next day for the other one shilling and sixpence, I had no more change at that time; I asked her if they were her own, she said, no; she sold them by the name of Buckley, she said, they belonged to a person of that name; the next day Stroud came, and said, they were his property; I desired him, if they were his property, for God's sake to take them away; after that the prisoner came to me, and said, don't say any thing, for they don't suspect me; I told her she should not go; I was very glad to see her come again, and I kept her a little; after that the people came down again, and I delivered the woman up.

Q. When he found this bed-gown and apron, how came you not to tell him you had got other things from the same person? - A. He went away directly, and left his barrow at the door, he was to come again.

WILLIAM M'CARTY sworn. - Stroud's landlord was seized upon, and I was left in possession of the goods, and after he had found these things, he brought them to me, and I have had the care of them ever since; when I went to Mrs. Cornwall's, I was suprized to find the prisoner there before me, for she was a tenant in the house also; I found the rest of the things there.(The property was deposed to by the prosecutor's wife).

Prisoner's defence. Stroud desired me to sell them for him, which I did.

Stround. I never gave her the things to sell, nor I never received any money from her.

GUILTY (Aged 32.)

Confined six months in the House of Correction , and fined 1s .

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

105. GEORGE BAKER was indicted for feloniously stealing, on the 4th of January , a man's hat, value 2s. the property of John Jones .

JOHN JONES sworn. - I am a soldier in the Cold-stream regiment of Guards: I left my hat in the shop of John Yarwood, who is a regimental hairdresser, between eight and nine o'clock in the morning; I saw the prisoner in the shop, but I did not see him take it; I found it afterwards at a pawnbroker's, in Great Chapel-street.

JANE YARWOOD sworn. -I saw a hat hanging in the shop, but I did not know whose it was, it was last Friday; the man came to enquire after it on Saturday, and I told him the hat was not there, I did not know what was gone with it; I desired him to ask the prisoner, who tied for us, if he knew any thing of it; that is all I know of it.

JOHN STOKES sworn. - I am apprentice to a pawnderoker, in Great Chapel-street: The prisoner used to use our shop; he came to pawn a hat on Friday afternoon, and I lent him two shillings upon it. (produces it).

JOHN MARSDEN sworn. - I am a constable: I apprehended the prisoner on sunday morning, on the Parade; I found nothing upon him.

WILLIAM MESSENGER sworn. -I am a constable; I can say no more than Marfden.(The hat deposed to by Jones).

Prisoner's defence. I had not a farthing in the house, I had a wife lying in, and I pawend the hat to get something for her; I meant to have taken it out on the Monday.

The prisoner called his serjeant, who gave him a good character.

GUILTY .

Fined 1s. and discharged .

Tried by the first Middlesex Jury, before

Mr. RECORDER.

106. ELIZABETH GROVES was indicted for feloniously stealing, on the 15th of December , a seven-shilling piece and two shillings , the property of Jacob Jedder .

JACOB JEDDER sworn. - I am clerk in the Master-General's office, belonging to the Ordnance; I live in Fludyer-street , in the apartments given me by the Ordnance: the prisoner was servant in the house, but not my servant; I missed money from my purse at various periods; previous to the 5th of December, she was employed by the mistress of the house to clean my apartments, and on the 14th, I marked some pieces of money to put in my purse, in the presence of John Tomlins, who is a messenger at the office: On the morning of the 15th, I left my money in my waistcoat pocket; I made it understood in the house, that I was going out, I locked, my chamber door, and put the key in my pocket, and concealed myself in the opposite room, the key-hole of whick was opposite my chamber door, and gave me a full view of the apartment; when I had been there a short time, I cannot say exactly, from five minutes to fifteen, perhaps, the mistress of the house, with the maid servant, came down stairs, I could hear them as well as see them, part of the conversation was, whether I was at home or not; it was decided, however, in the negative, that I was out; the mistress went up stairs, and the girl then took a key from her pocket, and opened the door, I might call it a false key, for the key that belonged to the door, I had in my pocket; she entered the chamber, and took up my coat and waistcoat immediately; which I could see while the door was open; the door then sell to; I then came out of the chamber opposite, and went down stairs till she came out and shut the door; I then took her by the arm, brought her down stairs, called Tomlins, the messenger, had her in the parlour, and sent for a constable; I then asked her for the key with which she opened the door, she gave it me, and the monies charged in the indictment, a seven-shilling piece, and two shillings in silver; it was placed upon a piece of paper, and delivered up to the constable; I sealed it up in his presence, and have had it ever since; the seven-shilling piece had a mark before I had it, somewhat resembling two sevens, and a round punch mark besides.

Cross-examined by mr. Alley. Q. Pray where is the lady that kept the house? - A.She is at home, I believe.

Q.it was the little girl's business to go into your chamber to make your bed? - A. Yes.

Q.Persons who keep loding houses, I believe, generally keep two keys, one for the proprietor of the house, where one servant is kept, and one generally for the lodgers, therefore that would not have been an extraodinary thing? - A. It would have been extraordinary if they had done it before I had given up my key, which was always my custom; it is known in the house that I am extremely tenacious of any body entering the chamber without my consent; it was understood in the house, that there was no other key but my own.

Q.When had you seen the money last? - A. At twelve o'clock the night before; I confess, I did not suspect the girl.

Court. Q. Had you any suspicion of the mistress? - A. Yes, I had. From the general good conduct of the girl, I did not suspect her; though, from what turned out afterwards, I was convinced the mistress knew nothing of it, and therefore I did not apprehend her.

JOHN TMOLINS sworn. - I am a messenger: I was called in on the 10th, by Mr. Jedder, to take notice of the marks on the money; I saw him mark four seven-shilling pieces. a half-crown, ten shillings, and two sixpences; I was present again the next morning, when the prisoner delivered up two shillings and a seven-shilling piece; she was fitting in a chair; I knew it to be the same money that I had seen the day before.

ANTHQNY AZARETTA sworn. - I am a constable: I was sent for by the prosecutor; I received this money from him; I have had it ever since.(Produces it, and the key).

Prosecutor. This is the same money that I delivered to the constable, and part of the same money that I marked the day before.

Jury. Q. Was the mistress in your room at the time the girl was? - A. No; I saw the mistress, very distinctly, pass up stairs.

Q. Is that a skeleton key? - A. No, it is not; I think she told me, it was a key of one of the apartments below stairs.

Tomlins. This is the same money that Mr. Jedder marked in my presence.

the prisoner did not say any thing in her defence.

Prosecutor. I think her an object of mercy for her industry, I never had reason to suspect her before, she is a very industrious girl.

Jury. Q.Why did not you bring the mistress here? - A.Because I had not a good opinion of her, and I thought her evidence upon such a subject might be a bad one.

GUILTY (Aged 17.)

Confined six months in the House of Correction , fined 1s. and discharged .

Tried by the first Middiesex Jury, before

Mr. RECORDER.

107. THOMAS GREEN , otherwise FULLER , was indicted for breaking and entering the dwelling-house of Thomas Osborne , about the hour of seven in the night of the 5th of January , with intent the goods in the said dwelling-house to steal, and stealing a cotton gown, value 5s. the property of the said Thomas .

Second Count. Laying it to be the dwelling-house of Sarah Gardener .

ELIZABELH OSBORNF sworn. - I am the wife of Thomas Osborne; I lodge in the two pair of stairs room in the house of Sarah Gardener, she does not live in the house: Last Saturday evening I went out about six O'clock; I returned again rather before eight; I left a gown in the room in a box, and when I returned I missed it.

Q.Do you know the prisoner at the bar? - A. Yes, he is a worstead-wearver , he used to come to our house as a friend; I always looked upon him to be a very honest man; after I had been robbed, he came up; I told him I was very much flurried about finding my door open; he went and serched me a quartern of gin as I was very much flurried; I looked and missed my gown.

WILLIAM PEACH sworn. - I am an officer belonging to Worship-street: On Saturday last, the 5th instant, I went in company with Armstrong and the prosecutrix to Acorn-alley, Bishopsgate-street, where we found the prisoner, and she gave charge of him; he denied that he had pawned any thing.

THOMAS WOOD sworn. - I am servant to Messrs. Taylor and Laycock, pawnbrokers, No. iio, Shoreditch; the prisoner pledged a cotton gown with me, (produces it); I recollect his person perfectly well, he pledged it in the name of Thomas Fuller.(It was deposed to by the prosecutrix).

Prisoner's defence. I found the gown in the alley; I was very much in liquor.

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

Of stealing, but not of the burglary.

Confined six months in the House of Correction , fined 1s. and discharged .

Tried by the second Middiesex Jury, before

Mr. Justice HEATH.

108. HENRY MARR was indicted for feloniously stealing, on the 3d of May , a leather pocket-book, value 1s.6d. the property of George Warmington , privily from his person .

GEORGE WARMINGTON sworn. - I live at Hook Norton, in Oxfordshire: On the 3d of May I was standing in Dufour's-place, Broad-street , to see the Association go in there; I kept my hand in my pocket, and had hold of my pocket-book; I took my hand from my pocket, and put it up to my hat, for I was in a great sweat, being hot weather; I put my hand down as quick as possible again, and my pocket-book was gone.

Q.Did you at all perceive it go? - A. No.

Q. Did you feel any hand in your pocket? - A. No, I did not; I immediately said to Mr. Freeman, of Carnaby-market, who was my friend, that I had lost my pocket-book; I immediately turned to my right hand, and saw the prisoner getting away through the crowd.

Q.How near was he to you then? - A.About five or six yards from me; I saw him attempt to put something into his side pocket; I cried out, stop thief, and he dropped the pocket-book, I saw him drop it, I picked it up; he was then secured,(produces the pocket-book); I left it at that time with Mr. Perkins, of Carnaby-market; I am sure it is the same pocket-book.

Q. Was the prisoner carried before a Magistrate? - A. Yes.

Q.Then what the is the history of his not being committed till yesterday? - A. He got away.

cross-examined by Mr. Gurney. Q. Was the prisoner out of your sight from the time you first saw him, till he was taken? - A. He was not.

Q. There were a great many pople about? - A. Yes.

Q. Probably there were some people between you and the person that was stopped? - A. Yes.

Q.If the prisoner is the person, he does not appear to be a very tall man? - A. No, he is not.

Q. You did not see his face at all, till he was stopped? - A. No, I did not.

Q. Are you quit sure, that, considering the number of persons between you and the prisoner, that you could not be mistaken? - A. I am sure he is the person.

Q. Now you speak to this pocket-book from its general appearance? - A. Yes, and from the papers.

Q. Is Mr. Perkins here? - A. No.

q. I take it you would not swear that Mr. perkins has not changed these papers from one pocket-book to another? - A. No; there are several things in the book that were in it when I lost it; I am sure it is the same book, I have had it these ten years.

WILLIAM WILSON sworn. - I was in Dufour's-place on the 3d of May last; I was standing to see the St. James's Volunteers go in, and heard a cry of stop thief, I cannot say from whom; I perceived the prisoner at the bar coming forcibly out.

Q. What do you mean by forcibly? - A. In a hurry.

Q.Did you see Mr. Warmington before that time? - A. No, I saw something drop from the prisoner, but could not see what it was for the mob, it was rather getting dusk, and there were many people; I saw Mr. Warmington with a pocket-book; I took the prisoner to St. James's watch-house, and he was examined the next day; I am very sure the prisoner is the man.

Cross-examined by Mr. Gurney. Q. How far were you from the prisoner when you first heard the cry of stop thief? - A. It may be three or four yards.

Q. How far were you from the prisoner when you thought he dropped something? - A. I was then close to him, rather before him.

Q. There were no persons between you and hom then? - A. No.

Q. Did you see Mr. Warmington at that time? - A.Not to notice him.

SAMUEL. HEAPSON sworn. - I was at Dufour's-place; I heard a cry of stop thief; I turned round, and heard a person run by me; just after that he fell down, and something sell from him; Mr. Warmington then came, and picked up a pocket-book: there were some people collected together, and I heard Mr. Warmington say, he would have him punished.

Q. Are you quite sure that the prisoner is that person? - A. No, I did not distinctly see his face.

Cross-examined by Mr. Gurney. Q. Could you distinguith a person fifteen yards from you, with a crowd round you? - A. I think not.

Prisoner's defence. I was in Dufour's-place, there was a crowd collected, and they called out, stop thief, and, in the mob, I was pushed down, and close by my side there was a pocket-book found, and I was taken to the watch-house.

GUILTY of stealing to the value of 10d .

Transported for seven years .

Tried by the second Middiesex Jury, before Mr. Baron THOMPSON.

109. JOHN HEALS , PETER AVERY , and JOHN CHAPMAN , were indicted, together with two other persons, for assaulting, hindering, opposing, and obstructing, Samuel Morris , an officer of Excise , being on shore in the execution of his duty, on the 12th of April , at Broad Oak, in the county of Cornwall .(The indictment was opened by Mr. Knowlys, and the case by Mr. Attoney General).

SAMUEL MORRIS sworn. - Examined by Mr. Fielding. I am an officer of Excise, in Cornwall.

Q.On the 12th of April, were you on duty at Broad Oak Down? - A. I was; between three and four in the morning, in company with Hicks, another Excise officer, we saw five men driving four horses loaded with ankers; the prisoners at the bar are three of them; the other two were Richard and William Petherick; I knew Heals before very well.

Q. Did he know you to be an Excise officer? - A. I think he did, he had seen me before.

Q.How did they carry these ankers? - A.Slung with ropes, some holding seven gallons, some seven and a half, and some four and a half; some of them marked with B, some with G; having a suspicion that it was smuggled spirits, we demanded to examine the goods, and Heals, particulary, struck my horse three different times, and struck me.

Q. Did the horse keep his legs? - A. NO, my horse sell.

Q. What kind of an instrument was it that he struck you with? - A. A large pole, three yards in length; after I had received these blows, I was obliged to retreat as well as I could, the other four men were driving the horses off, and heals went after them.

Q.How long after this was it before you met with Mr. Couthe? - A. About a quarter of an hour, and we agreed then to follow them, and examine the goods by force; we came up with them about a mile from the place where I first saw them; when we came up again, they took out their sticks again, each of them had nearly the same sort of weapons, and drove the horses up into an angle.

Q. What weapons had you? - A. I had a stick about the size of the one I have in my hand; Hicks had a stick also, and Coutne had a hanger.

Q. When you first demanded an examination,when Couthe was with you, was that hanger drawn? - A. It was not; they beat us in a very cruel manner; I lost my senses in a very short time, and I lost a great deal of blood.

Q. Were you knocked down? - A. Yes.

Q. Had you any fire-arms about you? - A. I had pistol, but what became of it I cannot tell; I recovered my seses some time after, and they took me to a public-house, where I got medical affistance; I was confined about six weeks.

Q. Are these the common sort of ankers, and slung in the usual way that smugglers carry them? - A. Yes.

Q. Have you any doubt that it was brandy and gin? - A. I have not; Heals said, he would give up a part of the goods, if we would let him have the rest.

Q. The word goods is a technical word? - A. Yes.

Q. Did you tell them you were Excise officers? - A. Yes, we did; I told them the consequence of their conduct, and Heals said, he could not be worse off than he was, conceiving himself in poverty, I should suppose.

Q. Have you doubt in your mind of their being the persons? - A.None.

Q. The two Pethericks have not been taken? - A. No.

Cross-examined by Mr. Knapp. Q. This transaction happened as long ago as April last? - A. Yes, about eight months ago.

Q. Before any thing commenced, you told them you were Excise officers? - A. Yes.

Q. Is that your habit - do you tell smugglers that you are Excise officers? - A. We do, if they do not know us.

Q. Had you any opportunity of seizing the goods? - A.No.

Q. Therefore all you know about their being exciseable commodities, is from the appearance of the ankers? - A. Yes. Q. Do you mean to swear that B and G necessarily denominates that it must be brandy and gin? - A.They were the usual sort of ankers.

Q.But of course ankers of that description and size would contain oil or any thing else? - A. if it was oil, they would have looked greasy.

Q.If they had water in them, that would not be greasy, and the only opportunity you had was seeing a B and a G marked upon them? - A. Yes, in the usual way.

Q. You did not know Chapman and Avery before? - A. No.

Cross-examined by Mr. Gurney. Q.When you came up the second time, Heals did not them strike you? - A.Not that I know of.

Mr. Kanapp. Q. These persons were taken up before a Magistrate in Cornwall? - A. Yes.

Q. They entered into recognizances to appear? - A. They did.

Q. And here they came to surrender themselves up for trial? - A. Yes.

Q. Heals was not taken up till about three weeks or a month ago? - A. Yes.

Q. What was the reason of that? - A.We understood he was gone away.

Q.But you did not take the trouble to enquire? - A. No.

JOHN HICKES sworn. - Examined by mr. Knowlys. I am an Excise officer; I was with Morris on Broad Oak Down; we saw five horses loaded with casks, such as are used to contain smuggled spirits.

Q. How long have you benn an officer? - A. Nine or ten years; they had such marks upon them as all smuggling casks used to have.

Q. Did you see the persons who were with these horses? - A. Yes, Heals, Chapman, Avery, and two other of the, names of Pethrick; the prisoners are three of them; I have known Heals a great many years, and I have known Avery and Chapman before, for they have beat me off before when I have been wanting to examine their goods; Morris and I went up to them, and endeavoured to seize the goods; upon coming up to them, they turned their horses up to the side of a-hedge, and told Morris we had better be contented to take a small part of the goods; Mr. Morris said, he would insist upon examining the goods; and as Mr. Morris was attempting to examine the goods, to take out some of the liquor, Heals made a blow at his mare, he knocked her back to the ground, and made her nose bleed very violently.

Q. What sort of weapons had they with them? - A.Heals had a large pole, better than two yards long, the other had all long sticks and whips; he knocked the mare to the ground, and struck Morris on the arm; Morris then told Heals he had done a bad job, and he would take the law of him; Heals said, if he sent him to h-ll he did not care, he could not be much worse, for he could not afford to lose it; then Morris and I gave up the contest, and gave it up for lost; when we had got a little further, we met a young man, we call a pupil, an expectant, of the name of of Robert Couthe, and we agreed to go after them again; in about half an hour we came up to them, I did not get up so early by two minutes, I believe, as the first got up; Heals was beating Morris: I got off my horse, and began upon Heals, and struck at him: upon that two others sell upon me, and struck me such a blow as brought me to the ground, and struck the stick out of my hand.

Q. Did you see what they did to Morris? - A. No; while I was knocked down, Morris receivedor blows that laid him to the ground; I did not see the blows given him that brought him to the ground; I had seen him not a minute before fighting with them, I saw him lie bleeding upon the ground; Heals then looked at Mr. Morris upon the ground, and said, I am ruined, I will give up the goods if the rest will; Morris had a pistol which stuck partly out of his pocket; they said one to another, take away his pistol, and one of the Pethericks then took it from him; they then gave an huzza, and began to drive off their horses; then this Petherick that had the pistol went to urge the horses on, and Couthe took out a pistol, and they presented the pistols one to the other as they passed, but what pasled between them I cannot say, I found Morris bleeding upon the ground, not being able to stand, or speak a word of sense; I then bound up his wounds with handkerchiefs.

Q. Where were his wounds chiesly? - A. All over his head; I then, with the assistance of Couthe, got him to a neighbouring house, and got him to bed; then I took Mr. Morris's mare to Leskard, to get a surgeon and a chaise, and the next morning we took Mr. Morris to Leskard in a chaise.

Q. Did he seem to be sensible while he was removing to Leskard the next morning? - A. He was insensible all the night, and we could get very few words sensible out of him till after we got to Leskard.

Q. Were you apprehensive of his dying? - A. Yes, I had no idea he could live.

Cross-examined by Mr. Knapp. Q. What arms had you? - A. A stick.

Q. What had Morris? - A. A pistol.

Q. Had he a pistol the first time? - A. No.

Q. What had Couthe? - A. A pistol and a cutlass.

Q. Do you know if they could see the pistol in his pocket? - A. I cannot say, I did not see till after the bustle was over.

Q. Chapman and Avery had nothing but sticks, which were not like the stick that Heals had? - A. They all had large sticks.

Q. But not so large as that Heals had? - A. It was not likely they should.

Q. The pistol in Morris's pocket they saw? - A. Yes.

Cross-examined by Mr. Gurney. Q. When you came up the second time, you attacked Heals? - A. Yes.

Q. And he attacked you? - A. Yes.

Q. And not till after you had attacked him? - A. No.

Mr. Knowlys. Q. Was Heals active in attacking the officers before you meddled with him? - A. He was fighting with them.

Mr. Gurney. Q. You know Heals lives at Stratton? - A. Yes.

Q. How far from Port Pennant? - A.About forty miles.

Mr. Knowlys. Q.How far is Broad Oak from where he lives? - A. It is a cross country, I cannot exactly inform you; it is about thirty-six miles.

ROBERT COUTHE sworn. - Examined by Mr. Fielding. I met with Hickes and Morris, I told them the five men had passed me, and we went up; I went first to a gate at the head of the horses, to come at the goods, and they struck at me before I spoke to them, with a long pole, it was Heals that struck me, and several of them made blows at me, the three prisoners were three of them; I could not get at them with the hanger I had, and Heals said, he would be d-d if he would not kill me; then young Petherick said, kill him, kill him; then Heals made a blow at me with a stick again; I defended the blow with my arms, and knocked him down the blow with a hanger, and then he said he would yield, he would give up his goods if I would not strike him while he was down; then young Petherick engaged me; Heals got up again, and caught me by the collar; now, says he, d-n you, I will do for you now I have got you; I I wrestled with him and got him down in the ditch, and then he said he would yield again, and, while I was down with Heals, young Petherick struck me several times upon the head; I got up, and as he was coming to me again, I made at him, and cut his arm, and then he said he would give up; then I went to look for Morris, and I saw Avery and Chapman fighting Mr. Morris upon the ground with their long poles, with both their hands; young Petherick was upon him at the same time; I thought he was dead, I did not think any other; I then made a blow at Avery with a hanger, I believe he has got the mark in his head now; then four of them sell upon me; young Petherick was searching Morris's pocket, he took the pistol out of his pocket, presented it at Morris's head, and then afterwards seeing I was engaged with the rest, he came over the bridge, cocked the pistol, and said, as he was coming towards me, I will be d-d if I do not blow your brains out; I then took a pistol out of my pocket, and told him, if he did fire, either I would kill him or he should kill me; after I had said so, he said, if you will let me go over the bridge, I will not fire; I was between him and the other four, I let him pass me over the bridge, I kept my pistol cocked, but he did not fire; I then said to Heals, I thought you said you would give up your liquor; says he, I will give up my liquor if the rest will give up theirs; I did not hear them make any answer to that, and then they whipped off their horses and went away; then I assisted Morris; we were obliged to keep three hands up to his head while the doctor sewed up the wounds in his head.

Q. Did you know any of the party before? - A. I knew the three prisoners before; I had seen them a great many times loaded with goods at Port Pennant.

Q. Did you observe the marks upon the ankers? - A. Yes, I understood the marks very well, I have seen thousands of them; there was C P for Christopher Prieux, the Guernsey merchant, and there was a B upon some of the kegs, and G upon some for brandy and gin; and there is another Guernsey merchant of the name of Lukey, he marks with the letter L.(Mr. Knapp addressed the Jury on the behalf of Avery and Chapman, and Mr. Gurney on the part of Heals; as did the Attorney General in reply.)

Heals, GUILTY (Aged 46.)

Chapman, GUILTY (Aged 36.)

Avery, GUILTY (Aged 54.)

To be confined to hard labour on the Thames for three years .

Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.

110 HANNAH CONNAUGHTON was indicted for that she, on the 19th of December , a piece of milled money and coin, counterfeited to the likeness of a good half-crown, and three pieces of false coin, counterfeited to the likeness of a shilling, not being cut in pieces, feloniously did put off to one John Reany , at a lower rate and value than the same by their denomination did import, and was counterfeited for, that is to say, for two shillings and sixpence .(The case was opened by Mr. Cullen.)

JOHN REANY sworn. - Examined by Mr. Cullen. On Wednesday the 19th of December last, I went to the Three Tuns, the corner of Fleet-market ; I went there with the intent of buying some counterfeit money of the prisoner; the runners went with me, Armstrong, Clarke, and Wray; before we went to the Three Tuns, we went to a public house in Fleet-market, lower down, where they searched me, even my handkerchief, shoes and stockings, and every place, that I should not have any counterfeit money about me; then Armstrong gave me half-a-crown, marked; after that, I sent Jane Bodensike to tell the prisoner to come to me at the Three Tuns; I went to the Three Tuns, and the officers laid in ambush while I went in; when I went out of the bar into the tap-room, I found the prisoner, Bodensike was with her; I asked her for half-a-crown's worth; she pulled out a paper out of her pocket, and gave me a counterfeit half-crown, and three shillings; upon which, I gave her the half-crown that Armstrong gave me; the officers immediately came in, and took hold of me and her too; they searched us, upon her they found the marked half-crown, and upon me the counterfeit money.

Q. You went with the officers by agreement, on purpose to detect this woman in this traffic? - A. Yes.

Cross-examined by Mr. Alley. Q. I take it you are a very honest man - what are you? - A. A discharged soldier .

Q. You are not a runner I see, you go upon a crutch? - A. Yes.

Q. You did this for the good of your country? - A. Don't you think it was a just cause.

Q. As just as fighting for your King and country, I suppose, you thought? - A. Yes.

Q. How came you acquainted with the prisoner? - A. I was introduced to her by a friend of her's, who thought I might do well if I followed the same occupation.

Q. That occupation was turning rogue? - A. Yes.

Q. You did commence rogue then, and gave information? - A. No; I commenced an honest man.

Q. But you were acquainted with this rogue that wanted you to turn rogue; and therefore you did not keep very good company? - A. I did not chuse to keep company with him when I found he was a rogue.

Q. Now, upon your oath, did not Mrs. Bodensike, the day before this took place, carry the very money in question from you, desiring her to keep it till she saw you? - A. She must tell a better tale than that.

Q. You did not send the money by her? - A. No.

Q. That you swear? - A. Yes.

Q. Nor any other message but that you wanted to see her at the Three Tuns? - A. No other.

Q. Then do you mean to have the Jury believe that she brought this bad money there for the purpose of selling it to you, although you had sent no message to her by Mrs. Bodensike about that money? - A. It was so - I met the prisoner that very morning as I was going to lodge the information, I met her very near St. Sepulchre's Church.

Q. Did you or not, at that time, give her a parcel of bad money, and desire her to keep it till she saw you again; upon your oath, did you or not? - A. I did not; we had a glass of gin together, but I gave her no bad money.

Q. How do you get your livelihood now? - A. I live upon my money.

Q. What money? - A. What I received form my agents; I received six pounds that very day that I took her up.

Q. How long have you been discharged from the army? - A. The 19th of last month; I had been on the Continent.

Q. How often may you have enlisted in the army? - A. Twice.

Q. I take it, before you enlisted the second time you were regularly discharged? - A. I can shew it.

Q. Did you receive bounty the second time? - A. Yes.

Jury. Q. Did the prisoner first propose selling to you, or you to buy of her? - A. I was introduced to the prisoner by a man who told her I was a worthy friend, and she might trust me; I met her afterwards, the same morning, and she said, she thought she should have seen me before; I said, I had no money to purchase any, but I was going to my agent's to get some money, and I would send for her in the afternoon, to purchase some; I asked her what public-house she used, and she told me the Three Tuns.

JOHN ARMSTRONG sworn - Examined by Mr. Cullen. In consequence of a warrant from the Lord-Mayor, I went, in company with the last witness, Clarke the Marshalman, Wray, and two other officers, on the 19th of December, to a public-house in Fleet-market, and there searched Reany, he had no money about him then; Clarke then, in the presence of the officers, marked a half-crown with the letter A, and gave it to Reany to go and make the purchase; I searched Jane Bodensike, and took what money she had from her; then Reany went to the Three Tuns, and the signal was to be, if he bought, he was to move his hat; he did so, and Clark took them both into custody; I searched Reany, and in his breeches-pocket I found these three counterfeit shillings, and this bad half-crown, (producing them); and in the left-hand pocket of the prisoner, I found twenty-one sixpences, two shillings, and a half-crown, all counterfeit; Reany said, in the presence of the prisoner, that he had the money from her; Clarke has got the good half-crown.

Mr. Alley. Q. What agreement he had made with this woman, the day before, you cannot say? - A. No.( John Clarke confirmed the evidence of Armstrong, and produced the good half-crown, which he deposed that he had marked, and afterwards found upon the prisoner).

JOHN WRAY sworn. - Examined by Mr. Cullen. I am an officer: I was in company with the other officers; after having searched Jane Bodensike, I went with her very near to the prisoner's house, and I saw them return from the corner of Cock-court to the Three Tuns.( Jane Bodensike was called, but not appearing, her recognizance was ordered to be estreated).( John Armstrong proved the money to be counterfeit.)

Prisoner's defence. Reany's wife brought them to me to take care of; she said, her husband had used her very ill; and the same evening she came to me, and told me she and her husband had made it up, and desired me to bring the money to the Three Tuns, but not to give him all, for he had used her very ill; he owed me one shilling and sixpence, and he gave me that half-crown, that was one shilling and sixpence that he owed me, and one shilling for taking care of them.

The prisoner called Hugh Kelly , who had known her nine years, and gave her a good character; and who also deposed, that Reany was of so bad a character, that, from his knowledge of him, he would not believe him upon his oath.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

111. MARY GARNHAM was indicted for feloniously stealing, on the 22d of December , six yards of cotton, value 12s. the property of William Hopps , privately in his shop .

GEORGE HOPPS sworn. - Mr. William Hopps, my uncle, keeps a linen-draper's shop in Cannon-street : On the 22d of December, between one and two o'clock, the prisoner came in, I shewed her several patterns, none of them suited her, she did not buy any thing, I began to put the goods away again; I turned round and saw her going out of the shop, with a print, partly concealed under her cloak; I took the print from her, and sent for an officer.

JAMES GRAY sworn. - I was in the back shop, when the prisoner came in.

Q. Did you see the prisoner take any thing? - A. No; not till she was going out; upon turning my head round, I saw the print hanging out.

Q. Was there any other person in the shop? - A. No.

JOHN RAPSON sworn. - I am an officer; I took charge of the prisoner, and Mr. Hopps delivered me this print, (producing it).

Hopps. This is my uncle's print.

Q. What is the value of it? - A. Twelve shillings; it cost rather more.

Prisoner's defence. I took the piece of cotton to the door to look at it.

Hopps. She said, none of the patterns suited her, and she was going out of the shop.

GUILTY Death . (Aged 31.)

The prisoner was recommended to mercy by the Jury.

Tried by the London Jury, before Mr. Justice HEATH.

112. THOMAS PORTER was indicted for feloniously stealing, on the 22d of December , two copper rivets, value 6d. the property of Edward Smith .

EDWARD SMITH sworn. - I am a copper-smith , I then lived in Houndsditch : The prisoner was one of my workmen; I do not know any thing at all, myself, of the transaction.

WILLIAM SMITH sworn. - I am the son of the prosecutor: I was in the front of the shop helping to load a cart. On Saturday, the 22d of December, one of the men came forward, and desired me to take notice of the prisoner; I followed him out at the door, and took the rivets from him; I asked him what he had got in his pocket; he said, he had nothing; I then took the rivets out of his pocket, and he said, they were to make a soldering iron for a friend, who had asked him several times to get him one. (Produces them).

CHRISTOPHER ROSIER sworn. - I am journeyman to Mr. Smith: On the 22d of December, I was desired to go backwards and cord up a chest; I saw the prisoner stooping down and taking up these nails, and putting them in his pocket; I informed my young master of it, and he took them out of his pocket.

Q. Are they nails or rivets? - A. They may be called rivets by people that don't know any thing about it; we call them nails.

Mr. Smith. A nail has a point, a rivet has none; these are, most undoubedtly, rivets, they have no points.

Prisoner's defence. I took the two rivets from my master's. A friend of mine wanted a soldering iron, and he told me, two of our rivets would answer his purpose, and if I would bring him two, he would give me something to drink, and would pay my master for them; I mentioned it to the people in the shop; I did not mean to rob my master; I have worked for him very near four years; the witness and I had had some words the day before, and he told it out of spite.

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

Whipped in the Jail, and discharged .

Tried by the London Jury, before Mr. Baron THOMPSON.

113. JOSEPH LOWE was indicted for feloniously stealing, on the 15th of December , a wooden drawer, value 3d. a counterfeit shilling, value 1d. eight shillings, eight penny pieces, 120 halfpence, and thirty farthings , the property of Andrew Gerard .

ANDREW GERARD sworn. - I live in King-street, Westminster ; I am a taylor and tobacconist : On the 15th of December, I lost a drawer with some money in it, but I was not at home.

JOHN HOGG sworn. - I am a corporal in the first regiment of Foot Guards: On the 15th of December, as I was going along King-street, Westminster, about a quarter before two o'clock, I saw the prisoner come out of Mr. Gerard's shop with a till under his arm, containing a quantity of silver and halfpence; there are four steps from the shop into the street, his heels slipped from under him, he fell down, and the till fell from his hand; he fell across the path, which occasioned me to stop; he got up, snatched up the till, and without stopping to pick up what money had fell from it, he ran away; I followed him, and when he had got twenty or thirty yards from the door, he threw the till over his head, seemingly with an intent to strike me, it came very near my head; he ran so fast, that I found I was not able to catch him myself, and I called out, stop thief; there were three grenadiers coming out of Gardeners'-lane, two of them endeavoured to lay hold of him, but he bassled them, and was caught by another man; I took him back to the house, a constable was sent for, and he was taken into custody.

WILLIAM HARFORD sworn. - I was standing at my master's door, in King-street, and saw the prisoner come out of Mr. Gerard's, he slipped down as he came off the steps, and the till fell out of his hand, with some money in it; I ran forward and caught up his hat, he ran away, and I cried, stop thief, the corporal pursued him; I saw him throw the till at the corporal's head, and I saw Mrs. Gerard pick up the till and the money.

ELIZABETH GERARD sworn. - My husband keeps a tobacconist's shop, in King-street: On the 15th of December last, I was coming up the kitchen stairs, I heard a noise of something falling, I ran into the shop, and saw that my till was gone, I had seen it about ten minutes before; there were both silver and copper in it, but I cannot speak to the quantity; I heard the cry of stop thief, I ran about two doors, where I found my till in the street, I picked it up, (produces it); I am sure it is mine; I picked up some of the money in the street; the prisoner was brought back immediately, before I got home myself.

Prisoner's defence. I was in company that day with some of my shipmares, and got a little groggy, and as I came by this house, two fellows came out with a till, and knocked me down with it; I picked it up, and then this corporal laid hold of me, and said, he would hang me.

Q.(To Hogg). Was there any other person near besides the prisoner? - A. No, there was not.

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

Confined twelve months in the House of Correction , fined 1s. and discharged .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

114. JOHN GREEN and MARGARET GREEN were indicted for breaking and entering the dwelling-house of William Meller , about thehour of ten in the night of the 26th of November , with intent the goods in the said dwelling-house burglariously to steal, and stealing, a diamond and pearl locket, value 17l. a pearl ear-ring with a diamond in the middle, value 6l. 16s. 6d. a metal gilt watch, value 31s. 6d. a silver watch-chain, value 2s. 6d. a pair of silver shoe-buckles, value 30s. a pair of gold drops for ear-rings, value 5s. a mourning-ring, value 20s. and two pearl rings, value 4l. 4s. the property of the said William Meller .

There being no evidence to bring the charge home to either of the prisoners, the learned Judge directed them to be Both ACQUITTED .

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

115. FRANCES FRANCES , otherwise M'COULL , was indicted for feloniously stealing, on the 17th of December , 15 yards and a half of black lace, value 6l. 11s. 9d. the property of John Eden Deacon and Robert Wilkinson , privately in their shop .

There being no evidence to affect the prisoner, she was ACQUITTED .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

116. SUSANNAH GOSS was indicted for that she, in the King's highway, in and upon James Hosier , on the 29th of December , did make an assault, putting him in fear, and taking from his person, nine shillings, his property .

It appearing in evidence, that the money lost by the prosecutor was not in shillings, but mostly half-crowns, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury, before Mr. RECORDER.

117. JOSEPH WILD and CHARLES YEOMAN were indicted for breaking and entering the dwelling-house of Robert Leslie , about the hour of twelve in the night, with intent the goods in the said dwelling-house burglariously to steal .

The prosecutor not appearing, and there being no person in Court who could prove the prosecutor's name to be Robert, the prisoners were Both ACQUITTED .

Tried by the second Middlesex Jury, before Mr. RECORDER.

118. ANN GRACEY was indicted for feloniously stealing, on the 16th of October , a silver teaspoon, value 2s. the property of William Derbyshire .

The pawnbroker not being able to swear to the prisoner, and the property being missed, not by the prosecutor, but by his wife, who was not present, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.

119. JAMES BLAKELY , otherwise PATRICK BLAKE , MICHAEL STACK , and RICHARD CORNS , were indicted for forging and counterfeiting, on the 4th of December , a certain will and testament, purporting to be the last will and testament of one John Ford , and to be signed, sealed, published and declared, by the said John Ford, with intention to defraud the United Company of Merchants trading to the East-Indies .

Second Count. For uttering the same as true, knowing it to be forged, with the like intention.

Third and fourth Counts. The same as the first and second, laying the intention to be, to defraud Charles-Thomas Cogan , Esq .

Fifth and sixth Counts. With intention to defraud Ann Cooke , widow .

The indictment was opened by Mr. Knapp, and the case by Mr. Fielding.

SAMUEL BROOKES sworn. - Examined by Mr. Knapp. I am clerk to Mr. Cresswell, a proctor, in Doctors'-Commons.

Q. Do you know the prisoners? - A. Yes, I know them all. On the 4th of December, the two prisoners, Blake and Stack, came to Mr. Cresswell's office, to prove the will of John Ford ; one of them, I believe, Stack, but cannot say positively which, produced a will, they were both together. (Produces the will).

Q. Did Stack or Blake say any thing to you at that time? - A. I do not recollect what they said, but they presented a will to me to prove; after the reading the will, I asked which of them was the executor; I first asked Stack, whether he was the executor; he said, no, and pointed to the other man, by which I understood he was the executor.

Q. Did Blakely say any thing to that? - A. No, he did not. I asked Blakely whether his name was spelt right in the will, to which he answered in the affirmative; after which, I proceeded to write a receipt, and Blakely went with me then to the Court, which was then sitting; after he had been sworn in Court, he came back to Mr. Cresswell's office with me.

Q. Had Stack been left at your office? - A. Blake went out with me, I did not observe Stack follow; but when I came back, I found him at the corner of the street; I promised them the probate next day, and one of them said, they wanted it immediately, but I cannot say which of them said that; I asked Stack, if he knew the time of the death; he said, he did not know the time, but he would procure it, and bring it in the afternoon; I did not see him again that day; they then went away, but on account of some suspicions about it, the probate was not proceeded with; the next day, Blakely came, I told him, the probate was not ready; in about half and hour, Blakely and Stackcame again, and spoke to Mr. Carr, who is likewise a clerk to Mr. Cresswell; but I do not know what passed; the next day, Thursday, they came together in the morning; I told them, it was not ready, but desired them to sit down; after which, I was desired by Mr. Cresswell to procure a constable, and take them into custody.

Q. Did any thing else pass between you and them respecting the will? - A. Not that I recollect.

Q. When did you see the prisoner? - A. Not till he was taken into custody, on the Thursday; he was brought by a constable into Mr. Cresswell's office.

Mr. Gurney, (Counsel for Blake). Q. The will was not given you by Blakely? - A. I cannot say, I believe it was Stack.

Cross-examined by Mr. Alley, (Counsel for Stack). Q. When these two men came first to the office, was any body else there? - A. No.

Q. If a man comes for the probate of a will to your office, it is nothing unusual for a friend to accompany him? - A. No.

Q.When you enquired what time the testator died, Stack was not acquainted with it? - A. He said, he did not know.

Q. Did he tell you afterwards? - A. Yes.

- CARR sworn. - Examined by Mr. Fielding. I am a clerk in Mr. Cresswell's office: On Tuesday, the 4th of December, about two o'clock, I was in the office, when the prisoner, Stack, came into the office with information, that he had been to the India-house, and found that the deceased had died in December, 1797, and that he was an armourer, and not a carpenter, as described in the will; he then went away, and attended again the next morning, but the business not being done, he went away, and returned in about an hour, accompanied by Blakely, but the business not being ready, I told them, it might be ready in about an hour more, or thereabout, or if it was not ready at that hour, and the public Register was shut, they could not have it till the morning; Blakely said, that would do; Stack said, it would not do, for it must be taken to the India-house as that day, and they went away, but never returned to see whether it was ready or not, notwithstanding I saw them both in the street after that time, conversing together.

Q. Did you see any other person conversing with them? - A. Not at that time; but about an hour or so after, Corns came in and enquired about the business, asking if the business had been fetched away, by which I understood he meant the probate of the will.

Q. Was this the first time you had seen Corns? - A. Yes, he said Blakely was related to the deceased Ford, and he had lent a little money upon the business; he went away for that day, and on Thursday, the 6th, about twelve o'clock, Blakely and Stack came for the probate; it was then determined to have these men taken into custody; while the constables were sent for, I went out of the office, and saw Corns parading before the house, and before the constables came, I returned and saw Stack going up the street; Blakely was then in the office alone, and was taken into custody by one constable; Stack had at this time got round the corner; I then took a constable up the street after Stack, and I then saw Stack and Corns conversing together, and they were both brought back.

Q. Did any thing particular pass between them at the time of their apprehension? - A. No.

Cross-examined by Mr. Knowlys, (Counsel for Corns). Q. Do not you know it to be a very common thing for persons to lend money upon a will to persons who represent themselves as entitled to a benefit under that will? - A. I believe it is sometimes done among seamen.

Cross-examined by Mr. Alley. Q. Stack told you that Ford died in December, 1797? - A. Yes.

Q. That turned out to be a correct account? - A. Yes.

Q. He also told you that the deceased was an armourer, and not a carpenter? - A. Yes.

Q. When you observed that the description of the seaman in the will was not a proper description, did not that excite a suspicion in your mind? - A. I had a suspicion before that.

Q. That of course must have confirmed the suspicion in your mind? - A. It certainly did.

JOSEPH RAY sworn. - Examined by Mr. Fielding. I am one of the clerks in the Pay-office of the India Company. (Produces the book of the Rose East-Indiaman).

Q. Who is the pay-master? - A.Charles Thomas Coggan .

Q.Turn to the entry in the book, in the name of John Ford, (refers to it). John Ford entered the 25th of February, 1797; he died the first of December, 1797.

Q. What is the manner in which he appears to be rated on board that ship? - A.Armourer.

Q. There were wages then of course due? - A. A small trifle of wages; there were some effects, which amounted to more than his wages; he was on board nine months and six days; I cannot say whether she was outward or homeward-bound when he died.

Q. Do you know Mr. Pritchett's hand-writing? - A. Yes, he is dead.

Mr. Knowlys. Q. Are you a clerk in the office where this book is kept? - A. I am the person who witnesses all the receipts in the payments that are made for all wages whatever.

Q. You are not the clerk who makes the entries? - A. No, I am not.

Q. Do you know, of your own knowledge,from what instruments these entries are made? - A. They are made from the day of the river-pay at Gravesend.

Q. There is a ship's book, is there not, in which the sailors' names are entered, and this account is taken from that book? - A. Yes.

Q. And that book is not here? - A. No.

Court. Q. Was the day he entered the 25th of February, 1797? - A. No, he was impressed upon the 13th of January; this is the impress book,(producing it); he had received two months pay at that time.

Mr. Gurney. Q. Who wrote that book? - A. Mr. Chatfield.

Q. Is he here? - A. No.

Q. You never saw Ford in your life? - A. Not to my knowledge.

Q. You know no more than these books tell you? - A. No.

Q. And these books you did not write? - A. No.

Q. Have you any memory of the payment of the monies mentioned in this book? - A. I cannot say, it is most probable that I paid the money, but I cannot say.

Q. Now produce the articles which every mariner signs? - A. Yes; here is the name of John Ford , with his mark against it; the name of John Ford is in the hand-writing of Mr. Pritchett.

Q. Was it his business to see that these articles were signed by the persons on board? - A. It was.

Q. Was there more than one John Ford on board that vessel at that time? - A. No more.

Mr. Knowlys. (To Carr). Q. Was the probate of this will in point of fact obtained? - A. No.

JAMES THOMPSON sworn. - Examined by Mr. Knapp. I am purser of the Rose East-Indiaman.

Q. Did you know a person on board that ship of the name of John Ford ? - A. I did.

Q.What was he on board that ship? - A.Armourer; we failed from Portsmouth on the 18th of March, 1797; I was on board the ship on the 25th of February, when he received his river-pay at Gravesend.

Q. Did he, with you and the ship, arrive at Bengal? - A. Yes, in the middle of September, 1797.

Q. Do you know when John Ford died? - A. I think it was on the 6th of December, 1797, just as we were going to sail from Bengal.

Q. Were you intimately acquainted with him on board the ship? - A. Yes.

Q. Do you know if he could write? - A. I always understood he could not; I have seen him make his signature by a mark three different times, two of them I have got in my pocket, and he told me at the time that he could not write.

Q. Look at the will, there is the signature of a name; do you believe that to be John Ford 's hand-writing? - A. I do not.

Cross-examined by Mr. Gurney. Q. Did you never know a sailor make his mark, when he did not chuse to write his name? - A. I have frequently seen them desirous of making a mark instead of writing their name, and I have made a point of asking them whether they can write or not.

Q. Then if he chose to tell you he could not write, he made his mark? - A. Yes.

Q. When a man makes his will, he would be rather more particular than upon any common occasion? - A. I should suppose so, I never found the will.

Q. But, however, seamen sometimes do chuse to make a mark when they can write? - A. I have seen some instances of it.

JAMES WHITAKER sworn. - Examined by Mr. Fielding. Q.Did you fail on board the Rose Indiaman? - A. Yes.

Q. Did you ever see Ford write? - A. No, I have seen him make his mark.

Q. Do you know if he was a married man or single? - A. He was a married man, with two children.

Q. Look at the name John Ford , at the bottom of that will - do you think that is his hand-writing? - A. No.

Cross-examined by Mr. Knowlys. Q. You never saw him write - how can you tell that that is not his hand-writing? - A.Because I have heard him say to a mess-mate, come down and write me a letter.

ROBERT BROWN sworn. - Examined by Mr. Fielding. Q.Were you on board the Rose? - A. Yes.

Q. Did you know John Ford? - A. Yes.

Q. Did you ever see him write? - A. I have heard him say often and often he could not write.

Q. Look at the signature to that will, is that his hand-writing? - A. I am sure it is not, according to what I have heard him say.

WILLIAM CLEMENTS sworn. - Examined by Mr. Fielding. I was on board the Rose, John Ford was a ship-mate of mine, he could neither read nor write; he has several times asked me to write for him.

Q. Look at the name of Ford to that will - do you think that that is his hand-writing? - A. I am sure he could not write like that.

Q. Did he ever ask you to write letters? - A. Yes, to his wife.

Q. Has he any children? - A. His wife, when we left England, had one child, and was ready to lie in with another.

Q. Do you know of the offer of any situation to this poor fellow, if he had staid in India? - A.No.

JOHN ORCHARD sworn. - Examined by Mr.Knapp. I am a smith, I work in Mr. Mesteares's yard.

Q. Did you know the deceased, John Ford , who served on board the Rose? - A. Yes.

Q. Was John Ford always his name? - A. His right name was John-Forder Cooke, he was christened so.

Q. Had he ever served on board a man of war? - A. Yes.

Q. Did he serve on board that man of war in the name of John-Forder Cooke? - A. He served in the name of John Cooke ; he ran away from that ship, and entered on board the Rose, in the name of John Ford.

Q. Do you know what family he had? - A. He had a wife and two children, a father-in-law, and an own mother.

Q. You were very intimate with him? - A. Yes.

Q. You became bound for him at the India-house, at the time of his entering? - A. Yes.

Q. There is an order necessary to be signed at that time? - A. Yes, I have got the order.

Q. Did he write his name to that order? - A. He did not, he made his mark.

Q. What is the use of the order? - A. I was bound for him going the voyage, and this order is for me to receive his absence money; Mr. Pritchett was the witness to it. (Produces it).

Q.(To Ray.) Is that Mr. Pritchett's signature? - A. It is.

Q. Upon a person becoming bound for a sailor going on board an India ship, does he receive an order for the receipt of his absence money? - A. Yes; and this is such an order.

Mr. Gurney. Q. Were you in the same office with Mr. Pritchett before his death? - A. I was, many years.

Mr. Knapp. (To Orchard). Q. Do you know whether Ford could write or not? - A. He could not write at all.

Q. Look at the signature to the will - do you think he wrote that? - A. I do not think he could, I never saw him write.

Q. Were you acquainted with his relations as well as with him? - A. Not so well.

Q. Did you ever hear of a person of the name of Blakely being related to him? - A. I never did.

Q. I see this order bears date the 13th of January - had you seen him before that? - A. I had seen him every day before that.

Cross-examined by Mr. Gurney. Q. You did not know his relations so well as you knew him? - A. I did not.

Q. Therefore, whether he had or not a relation of the name of Blakely, you do not know? - A. No.

Q. Probably he might have fifty relations that you never heard of? - A. He certainly might.

ELIZABETH COUSINS sworn. - Examined by Mr. Fielding. Q. Did you know John Ford , that was on board the Rose Indiaman? - A. Yes, I am his mother; his real name was John-Forder Cooke.

Q. Could your son John read or write? - A. Neither.

Q. You know his wife and children? - A. Yes.

Q. Was he a kind husband? - A. He was always very kind to his wife.

Q. What is his wife's name? - A. Ann Cooke .(The will of John Ford , dated the 1st day of January, 1797, read), "By which he gives, devises, and bequeaths, to his true and trusty friend, James Blakely , of the parish of St. Giles in the fields, in the county of Middlesex, labourer, all his wages, sums of money, goods, tenements, chattels, and effects, and does thereby nominate and appoint James Blakely to be his whole and sole executor. Witness J. Clancey and Wm. Brown."

Q.(To Brookes). You went with Blakely to the Surrogate? - A. Yes.

Q. Do you know the Surrogate's hand-writing when you see it? - A. Yes.

Q. Is that his hand-writing? - A. Yes, I saw him write it.

Court. Q.Then you were present when Blakely took the oath before the Surrogate? - A. Yes.

Mr. Fielding. (To Cousins). Q. Do you know of any relations of your's or your son's, of the name of Blakely? - A. No.

Prisoner Blakely's defence. My Lord, I most humbly intreat your Lordship's protection, and the mercy of the Court. In my life I never heard of the name of Blakely, nor singed it, or heard it read, till I heard it at Guildhall and here; my name is Blake. - I believe it was not five minutes from the first time that I had seen this deed till I was sworn in open Court at Doctors' Commons; not knowing the custom or manners of the place, I thought this oath, administered to me, was preparatory to what was to be done. Mr. Brookes has said, that he read it, but I most humbly beg his pardon, for it was not read; I neither saw it, nor understood it, but positively thought it was right. A man of the name of Quin was the man that delivered this will to Mr. Stack and me, in the parlour at the Whitehart, in Butcher-hall-lane; he wrote on a bit of paper, his compliments to a Mr. Kiernan, or M'Kiernan, a proctor in the Commons; Mr. Stack delivered this complimentary note to Mr. Kiernan; and Quin not only sent this complimentary note, but said that he had an open account with Mr. M'Kiernan, to the tune of forty or fifty pounds, that he had a great deal of business to do in this way; Mr. Quin seemed to be quite the manof business, he said he had business with all the the proctors in the Commons; but, however, my Lord, this note was presented to Mr. M'Kiernan; Mr. Stack, at the same time, had a printed card of Mr. Cresswell's, but said, he gave Mr. Kiernan the preference; upon which Mr. Kiernan said, it was a usual custom with the people in the Commons, when there was a recommendation, never to take the business from one another; in consequence of which, we went to Mr. Cresswell's, where the card directed; I went to the Court, but it was not read at all, as I dare say the young man, upon recollection will acknowledge; something was asked about my name, but I do not recollect what; I went over with a young gentleman to the Court, where the gentlemen were pleading, and there was an oath administered to me; I did not exactly hear the words of it, but that I should true inventory make, and give a just account; I went back to the office, and after that, I attended as the gentleman directed, expecting the business to be done; during all this transaction, I unfortunately had taken a glass or two of spirits at the house where we met; I was doubtful whether it was the same John Ford , and I woundered how Quin should know or hear of Ford's owing me money; I was rather apprehensive of doing any thing that was wrong; there was a John Ford , it is true, owed me thirty-seven pounds, but I never heard of his being in any of the Company's ships. I attended, as the proctor directed, until we were taken into custody; I was not surprised at being taken into custody in the least, for I doubted throughout that there was something wrong; for I was doubtful how it should come to the ears of Mr. Quin that the man owned me money. We were then taken to Guildhall, and committed. My Lord, I am very sorry to add, that Mr. Stack and Mr. Corns sent this John Quin an express to be off, and destroy his papers.

Prisoner Stack's defence. I have been for many years in the public life; this man, Blake, came to my home along with a man of the name of Smith, who resorted to my house in the year 1794; sometimes he came with Smith, and sometimes by himself; he borrowed money of me, and got in my debt, with regard to liquors and beer at my house, and when he had got in my debt he shunned my house; I met him by accident, at different times, in the streets of London, and asked him for this money that he was indebted to me; and he made answer, that he was poor, and would pay me as soon as it was in his power. Some time in November last, I met him at the upper end of Drury-lane, I asked him how he was; and he said, very well; I met a person of the name of Read, before I met Blake, and we went into a public-house; we were not long in the public-house before I asked Blake if he could pay me the trifle he owed me, I said, I was out of business lately, and was striving to get in what money was owing me, and threatened to summons him if he did not pay me; he made answer, and said, he had a sum of money to receive from some friend that died at sea; he told me to call at his house, No. 9, Newtoner's-lane, at a chandler's-shop, and if I would go along with him I should receive my money; I went along with him to Doctors'-Commons, he produced this will, and gave it to Mr. Brookes; Mr. Brookes and he went off together out of the office, I waited till they both came back; Mr. Blake and Mr. Brookes spoke together for some time, and after speaking together, Mr. Brookes asked Mr. Blake if he knew what time the man died; to which Mr. Blake made answer, he could not exactly tell; Mr. Brookes said, he could not get the probate ready without Mr. Blake would bring him word within a month or two of the time that he died; upon that, Mr. Blake and I went out of the office, and walked together as far as St. Paul's Church-yard; Mr. Blake says to me, as you are the youngest man, Mr. Stack, will you go to the India-House and find it out; I accordingly went to the india-House, I am well acquainted there, and if I was to do any thing wrong they would know me as well as my father or mother knew me, every one of the gentlemen knew me; I enquired, and they told me, I think, in 1797, such a day of the month; I said, it was Ford, a carpenter; and the gentleman said, there was no Ford a carpenter, there was Ford an armourer; I, my Lord, came back, and left word at the office the answer that I had got; the gentleman, Mr. Carr, I believe, said, very well, that will do, come to-morrow and it will be ready; I then went and told Blake I had delivered the message to the Commons, and that he was to call the next day, according to the order of the proctor; he said, very well, if you will give me a call to-morrow, come along with me, and you shall be paid; I called upon him, and we went there the second time, and were put off then till the third day; I parted with Blake, and said, if I am not paid what trifle is due to me to-morrow I will never come any more; I went along with Mr. Blake the third day, and went into the office; one of the gentlemen in the office asked me to sit down near the fire, he and Mr. Blake stood together; the gentleman said, you may have the probate of the will in a few minutes; when I had walked as far as the top of the street, two constables came up to me while I was speaking to Mr. Corns, and I went with them before the Lord-Mayor. I know no more of its being amiss than the child unborn.

Prisoner Corn's defence. All that I know of it is, that Stack brought Blake to my house, and askedme if I would lend him some money; accordingly I told him I would if he would give me security for it; upon which, he said, he was going to administer for a relation; and I went to Mr. Cresswell's to make enquiry about the security; I went again the next day, and I was taken into custody; that is all I know of the transaction.

Blake. I never saw Corns in my life, nor ever had a farthing from him in my life.

For the Prisoner Stack.

JOSEPH READ sworn. - Examined by Mr. Alley. I am clerk in Mr. Hawkes's accompting-house, in Piccadilly.

Q. Do you know the prisoner, Stack? - A. Yes, and I have seen Blake.

Q. Did you ever see them in company together? - A. Yes, I have. The latter end of last November I saw them at a public-house, called the Whitehart, to the best of my knowledge, in Drury-lane.

Q. Do you recollect any conversation passing between them? - A. I recollect so far as this, that I went into this public-house with Stack, and found Blake there; Stack asked him for money, which he owed him upon an old debt; Blake said, he was going to administer to a will, and he would receive money on that account, and would pay him if he would go with him the next day.

Blake. I never saw that man in my life.

The prisoner, Stack, called Robert Burnet, Esq. and three other witnesses, who gave him a good character.

The prisoner, Corns, called Lord Frederick Harvey , who had known him ten years, and two other witnesses, who gave him a good character.

Blakely, GUILTY Death . (Aged 50.)

Stack, NOT GUILTY .

Corns, NOT GUILTY .

Tried by the London Jury, before Mr. Baron THOMPSON .

120. DANIEL MACKAWAY was indicted, for that he, on the 14th of December , a certain pistol, loaded with gunpowder, and a leaden bullet, feloniously, wilfully, and maliciously did shoot off at one John Dennis .(The indictment was opened by Mr. Trebeck, and the case by Mr. Vaillant).

JOHN DENNIS sworn. - Examined by Mr. Trebeck. I am a watchman and patrol of St. Sepulchre's, in the Ward of Farringdon Without. On the 14th of December I went to Black-boy-alley , to the house of one Manby, in the middle of the night, between twelve and one o'clock; we went up stairs, and, in the two-pair of stairs room, we saw the prisoner at the bar sitting by the fire-side.

Q. Who were in company with you? - A. Willey, Powter, and Griffiths; we found a boy that we went after in bed with three women; we wanted him for being concerned in robbing a shop in Field-lane; the prisoner at the bar was sitting in a chair by the fire side, very genteelly dressed; I told the boy to get up, and I said to Mackaway, you may as well go with us too, for if you stay here, you may be robbed; Mackaway said, do you want any thing with me, gentlemen; I said, no; when the boy had got up, we went down stairs.

Q. You did not attempt to take the prisoner at that time? - A.No.

Q. Is Black-boy-alley in your parish? - A.Part of it is, but that house is not; when we had got into our parish, I took hold of him carelessly by the arm, then Willey gave me a nudge; the prisoner then asked Willey whether he knew him; Willey said, no, I know nobody; the prisoner said, my name is Carey; Willey made answer, Carey, then I want you, come along; Mackaway then pulled himself away from me, and ran something in my mouth, I cannot say what it was; I said to my partner, d-n his eyes, he has got a knife, mind his knife; Powter was close behind us, and the the watchman, Griffiths, was before with a lanthorn; I still kept hold of him, and he and I russled a good bit, for the space of two minutes or thereabouts; then Powter hit him over the arm with a stick, and, what he held in his hand, I suppose, dropped from him at that time, but I cannot positively say.

Q. Had you any warrant for apprehending him? - A. No, I had not.

Q. What took place after he had struck you? - A. There was a pistol found.

Court. In this case, if death had ensued, it could have been but manslaughter; this man was not disturbing the peace at all when he was taken into custody. Gentlemen, you must acquit him upon this indictment.

NOT GUILTY .

Tried by the second London Jury, before Mr. Justice HEATH.

121. RICHARD PYMAN was indicted for feloniously stealing, on the 10th of January , two cheeses, 24lb. weight, value 9s. the property of Thomas Winkworth and John Tildey .

THOMAS WINKWORTH sworn. - I am in partnership with John Tildey, wharfinger and flour factor , at Broken-wharf, Thames-street; I knownothing of the loss myself; the cheeses were stolen from Randall's-wharf, adjoining Brokenwharf .

JOHN PHILLIPS sworn. - I do business upon Mr. Winkworth's and the other wharfs; I am an agent employed by the cheesemongers, to see that the cheeses are safely delivered to the persons they are consigned to: On Thursday last we landed a great many cheeses on Mr. Winkworth's wharf, I was present the whole day, we landed 1202 cheeses of that parcel, and slowed them upon the wharf; about a quarter before five o'clock, William Adams, a soldier, who works on the wharf, brought the prisoner at the bar and two cheeses to me; they were in piles of twenty cheeses high; as soon as I saw the mark upon the cheeses. I knew which parcel they were taken from; every cheesemonger has a different mark upon his cheese, either with letters or figures; all these 1202 cheeses belonged to Barnard and Knight, in Gracechurch-street, and I looked at the third pile, and found there were only eighteen instead of twenty; they were all marked with 5 in a diamond, that mark was put upon them in the country; I am positive that the two that were brought back had been taken from that pile; the prisoner was what we call a scuffle-humer, to do any thing that is wanted at the water-side.

Q. Was he at all employed about these cheeses? - A. No, not at all.

WILLIAM ADAMS sworn. - I was employed by Mr. Phillips to pile the cheeses. On Thursday last I had been employed to carry some cheeses up into the warehouse at the top of the wharf, and returning back, I met the prisoner with two cheeses under his arm going out of the wharf; I asked him where he was going with them; he told me he was going to Mr. Hammond's with them; Mr. Hammond frequently came to the wharf for cheese, and then I went to inform Mr. Phillips of it; in consequence of what he said to me, I immediately ran after the prisoner, and, about thirty yards from the wharf, I found him behind a door, putting the cheeses in a sack; I laid hold of him, and then he said he was done; I gave the cheeses to Mr. Phillips.( Thomas Hughes , the constable, produced the cheeses, which were deposed to by Phillips).

Prisoner's defence. As I was coming off Brookes's-wharf, I saw these two cheeses lying in the gateway, and I thought it no hurt to take them up.

GUILTY (Aged 35.)

Transported for seven years .

Tried by the second London Jury, before Mr. Baron THOMPSON.

122. THOMAS JOHNSTON was indicted for feloniously stealing, on the 10th of January , a wooden pail, with an iron hoop, value 1s. the property of John Heeley .( The prosecutrix and witnesses were called, but not appearing, their recognizances were ordered to be estreated). NOT GUILTY .

Tried by the second London Jury, before Mr. Justice LAWRENCE.

123. THOMAS JEFFERIES was indicted for feloniously stealing, on the 11th of January , three pounds of pewter, value 1s. 6d. the property of Joseph Roper .

JOSEPH ROPER sworn. - I am a founder and brazier , Snow-hill ; the prisoner was my servant : About nine o'clock yesterday morning I told the prisoner he must knock up some metal for the caster to work with; he asked me for the key of the wareroom, I gave him the key, and, in about two or three minutes after I went up stairs, and saw him in another part of the warehouse from where the copper was, putting something in his pocket; I asked him what business he had there; he told me he was not doing any thing; I said, I am afraid you are a rogue; I took him by the collar, and took him down stairs among the men; I took a piece of pewter out of his pocket, and gave it to one of my men, Hopley; I then went into the front shop, and the prisoner went to the necessary; I saw some metal found about half an hour afterwards in the necessary.

JOHN HOPLEY sworn. - I am a servant to Mr. Roper; I was present when the prisoner was searched, my master took a piece of pewter out of his pocket, (produces it); my master then went into the front shop, and the prisoner went to the necessary; I heard something fall while he was there; I searched the necessary, and found two more pieces. (Produces them).

Q. What is the value of them? - A.Eighteen pence.

The prisoner did not say any thing in his defence, but called six witnesses, who gave him a good character.

GUILTY (Aged 20.)

Whipped in the jail and discharged .

Tried by the second London Jury, before Mr. Justice LAWRENCE.

124. MARY HOLLAND was indicted for feloniously stealing, on the 12th of October , twenty-seven yards and a quarter of white lace, value 12l. 12s. 3d. the property of James Hart , privately in his shop .

Second Count. For feloniously stealing, on the 7th of December, eight yards of muslin, value 35s.the property of the said James, privately in his shop.(There being two distinct and separate felonies charged in the indictment, Mr. Alley desired that the prosecutor should select upon which charge he would go; the prosecutor chose to go on the first Count).

JAMES HART sworn. - I am a linen-draper and silk mercer , No. 6, Hanway-street : On Friday, the 12th of October, about half past four, the prisoner at the bar, with another lady, came into my shop, to look at some muslins, which my nephew shewed them; the prisoner purchased half a yard, which she paid for, and, in going out, there was a great deal of white lace upon the counter, and they asked the price particularly of two broad laces, which were missing as soon as they were gone out of the shop; she bought to the amount of 15s. 3d. or 15s. 9d. I cannot say which, and offered me a pinch of snuff, saying, she was always afflicted with a head-ach; then she went out of the shop, and had not been gone above two minutes, before I asked my nephew whether he knew these ladies or not, and, in consequence of some conversation with him, I went out to see if I could see them; the laces were then missing.

Q. Did you miss them before you went out, or was it after you came back that you made the discovery? - A. Before I went out. On the 7th of December she came again with another lady, who is housekeeper to a Mr. Gayter, and then we detained her.

Q. How much did you miss? - A.Twenty-seven yards and a quarter, to the value of 12l. 12s. 3d.

Q. Have you never seen the lace since? - A. No; I am convinced it was taken by them.

Q. Did they converse together? - A. One of them went out a little before the other; the prisoner went out first.

Q. What would you give for this lace? - A. That is the neat value of it in my stock book; I had taken stock but four days before.

Cross-examined by Mr. Alley. Q. Is any body else concerned in business with you? - A. No.

Q. You say you are a silk-mercer and a linen-draper; is it common for a linen-draper to sell these kind of articles? - A.It is.

Q. It was not you, but your nephew, that served them with the articles they required? - A. Yes.

Q. Did you not, while he was in conversation with them, go up stairs? - A. I did not, I was in the shop all the time they were there.

Q.Between the time you suppose she took the lace, and the time she was apprehended, had she not been in your shop? - A. I had not seen her.

Q.Have you not heard that she was? - A. I cannot say.

Q. On the day that she was apprehended, you took her up upon suspicion of another charge? - A. Yes.

Q. She underwent three examinations before she was committed? - A. Yes.

Q. The charge exhibited against her then was for stealing muslin, which turned out afterwards not to be stolen? - A. My nephew shewed her some muslin; he shewed her four pieces to the best of his recollection, and he could find but three.

Q. Was not the woman whom you charged to have stolen a piece of muslin, as the companion of the prisoner, discharged by the Magistrate? - A. She was; this was the woman that took the muslin.

Q. The prisoner at the bar was also dismissed from that complaint - that is, she was only committed for stealing the lace? - A. I cannot say.

Q. Upon your oath, was she not committed for stealing the lace, and not for the muslin? - A. I do not know that; they were not both together.

Q. Did not the Magistrate tell you, in my presence, and in my hearing, that there was no pretence for charging a felony as to the muslin? - A. Yes.

Q. Did not both you and your nephew swear, that, to the best of your recollection, there was not a piece of muslin stolen? - A. He swore, that, to the best of his recollection there was a piece of muslin stolen.

Q. Do you not know, that it was in consequence of your not being able to substantiate the offence respecting the muslin, and that there was no such offence committed; that you went upon the lace? - A. Yes.

Q.Notwithstanding they were dismissed of that complaint at Bow-street, did you not go before the Grand Jury, and there, upon your oath, found an indictment for that muslin, which was to affect the life of this woman? - A. There it stands upon it.

Q. Did you mention one word of the lace at Bow-street till the second examination? - A. I think I did.

Q. Upon your oath will you undertake to swear, that at the first examination you charged her with stealing any thing except the muslin? - A. The first examination was for the muslin.

Q.Then was it not after you found that you were unable to substantiate the charge for the muslin, that you brought forward this charge of stealing the lace, as long ago as October? - A. Yes.

Q. You say you missed twenty-seven yards and a quarter of lace - do you say that from a knowledge of the fact from your own mind, or from your book? - A.From both.

Q. Could you have undertaken to swear you had lost that identical quantity, unless you had looked at your book? - A. Yes.

Q. Did you go before a Magistrate to give any information till two months after the offence? - A. I went to Bow-street the next day to give information.

Q. Was there any Magistrate there? - A. No; only the clerk.

Q. Your nephew was the person who served them? - A. Yes; but I took the money.

Q. How many persons might have been in year shop between the time of their coming and your missing the lace? - A. No person.

Q. Have you not said, that there was another woman came to inquire for some nankeen, before you missed the lace? - A. No; I have not to my knowledge.

Q. Do you recollect, when you were taking that woman, and the other woman, to Bow-street, any thing particular that you said to your nephew? - A. No.

Q. Did you not say to your nephew, when he said he could not swear to the loss of this lace, that he must be a stupid fool? - A.Possibly I might.

Q. Did you not say so? - A. I did.

Q. And yet your nephew was the man that served in the shop? - A. Yes.

Q. Did not your nephew then say, as he was determined to say nothing but the truth, he would not swear to it for you or any body else? - A. Not that I recollect.

Q. Did you not say, when they were taken for the muslin, you would be d-d, if it cost you three hundred pounds, if you would not hang them? - A. It was not in my power to do it.

Q. Did you not say so? - A. I did.

Q. Did you not say, at Bow-street, that at the time the people were in the shop, purchasing the lace, you were up stairs, and were called down by a private signal? - A. No; that was at the time we were serving the muslin.

JOHN HART sworn. - I am nephew to the prosecutor: On the 12th of October; the prisoner at the bar, with some other lady, came in to buy some muslin, and I sold them half a yard, and they paid me for it four shillings, to the best of my recollection; and as they were going out of the shop, there laid some white laces upon the counter.

Q.Were they in their reach at that time? - A. They were; they bought two yards of it; and she put her purse in her pocket again, and the other woman paid for it; then the prisoner said, they were nice laces, she should like some too; she agreed for two yards of it, and when she had so done, she took out her purse to pay for it, but she did not pay for it, the other woman paid for it; as she was putting her purse in her pocket, there laid a piece of white lace doubled upon the counter; I observed that the drew it with her purse, as if she was going to put it in her pocket; I put my hand upon the lace, and looked her hard in the face, but when I took it from her I had no idea she had done it with an intention of stealing the lace; there were two particular broad laces lay very near the rest, which I missed about five minutes after they were gone, or less; both together made twenty-seven yards and a quarter.

Q. From the time this woman came into your shop, was there any other person in the shop besides you and your uncle? - A. No.

Q. That you are perfectly sure of? - A. That I am very clear of.

Q. You say it was in five minutes that you missed the lace - did any body come in during that five minutes? - A. No soul.

Q. Who went after the woman, you or your uncle? - A. My uncle; and, in the mean time, I was folding up the lace.

Q. Then are you perfectly sure that nobody could have taken any lace from that counter but them? - A. I am sure they could not.

Cross-examined by Mr. Alley. Q. Does the parlour adjoin your shop? - A. Yes.

Q. Was not your uncle in the parlour while they were there? - A. I rather think he might.

Q. I suppose you could not tell the number of pieces that you had? - A. No.

Q. How long before had you taken stock? - A. About a month.

Q. You do not carry in your head the particular quantity of lace in each piece of lace? - A. That is impossible.

Q. Then what quantity of lace was missing you could not tell, but by referring to your books? - A. As to these laces I can answer, because they were particularly broad laces.

Q.Have you heard your uncle examined? - A. Yes.

Q. I believe, when you went to Bow-street, you did not say a word about this lace till the second examination? - A. I believe it was mentioned the first time; when she came into our shop the second time, I told my uncle I suspected she was the person that had taken the lace.

Q. You suspected her - now do you mean by that, to say more than this, that you suspected she was the person? - A. I only suspected her to be the person.

Court. (To the Prosecutor.) Q.Look at the prisoner, are you satisfied, or not, that she was the person that came in? - A. I am sure she is the person.

Prisoner's defence. I am totally innocent of the charge that is alledged against me.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

125. ISAAC KING was indicted for feloniously stealing, on the 4th of January , a wooden cask, value 4d. and 70 lbs. of butter, value 1l. 10s. the property of Thomas Bolt .

JOSEPH THATCHER sworn. - I live with Mr. Thomas Bolt, wharfinger , of Dice-quay: On Friday, the 4th of January, about five o'clock in the evening, I was standing on Smart's-quay, I saw the prisoner with a cask of butter in his arms, turning up the gateway from the quay, it had been lying on the wharf; I went after him, and asked him, where he was going to take it; he said, he was going to put it in a cart; there was a cart there; I then called out to one of the people on the wharf, and he immediately dropped the tub of butter, and ran up the gateway; I went after him, and with great difficulty brought him back, he resisted very much; I brought him back to the accompting-house, and he said, he had never touched the tub.

Q. He had nothing to do with this butter, had he? - A. No; it was butter upon Mr. Bolt's wharf, under his charge, it weighs upwards of seventy pounds, and is worth thirty shillings; (produces the tub); here is No. 50 upon it, the mark put upon it at Waterford; it is Irish butter.

Q. You had a great number of them, perhaps, from the same quarter? - A. Yes, a great number.

Prisoner's defence. I was at work upon the wharf all the day, I was counting my money for my day's work, when this gentleman laid hold of me; I never touched the tub.

GUILTY , (Aged 35.)

Confined twelve months in the House of Correction , fined 1s. and discharged .

Tried by the London Jury, before Mr. Baron THOMPSON .

126. CHARLES BROWN was indicted for feloniously stealing, on the 8th of January , two deal boxes, value 6d. a glass bottle, value 2d. half a pint of lavender water, value 6d. another glass bottle, value 3d. a quarter of a pint of a certain liquid, value 6d. a cross, value 5s. and 4 lbs. weight of polishings from silver, value 10s. the property of John Willan , Thomas Marriott , Daniel Parkin , Barnard Levi , Jeremiah Briggs , Robert Bruce , Thomas Gray , William Lovat , Samuel Peach , and John Hick .

The case was opened by Mr. Raine.

JOHN PASCOE sworn - Examined by Mr. Raine. I am agent to Messrs. Read and Co. of Sheffield: On Tuesday last, I packed up a box, containing trials of silver and gold, polishings of silver, and sent them to the Bull-and-Mouth Inn .

Q.Whereabout was the value? - A. About twenty shillings; I directed it to Read, Lucas and Read, Sheffield. I sent it by my servant, Frances Hurst, to go by the Leeds mail.

FRANCES HURST sworn. - Examined by Mr. Raine. I carried a box, last Thursday, and gave it to a gentleman at the office, I gave him two-pence with it.

Q. Who was that? - A. Mr. Cooke.

WILLIAM COOKE sworn. - Examined by Mr. Raine. I am clerk to Messrs. Willan and Marriott, at the Bull-and-Mouth: I received, on Tuesday last, a box from the last witness, directed to Read, Lucas and Read, Sheffield, to go by the Leeds mail-coach; it was entered on the books, No. 8; she paid me 2d. for booking it; it was delivered to the porter that always loads the coaches.

JAMES DAVIS sworn. - Examined by Mr. Raine. I am in the service of Mr. Mortimer, gun maker; On Tuesday last, I was sent to the Bull-and-Mouth with a package, about half past seven o'clock, or rather more; I carried a box to go by the Shrewsbury mail-coach; I delivered this box to the bookkeeper, and desired him, if possible, to put it into the coach; he said, he would, if he could; I paid the carriage of it, and desired him to take care of it; my orders were to deliver it to the book-keeper, and see it off, I waited about the yard till the boxes and all the other things were brought out; I desired that my box might be put in the coach, but they said, it could not, it was a box, and must go into the boot; just after, while it was on the ground, the prisoner at the bar came up and laid hold of it, says I, my worthy, that is not your box; he looked at it, and said, he believed it was not; he put it down immediately; and sometime after that, I saw him get up to the boot, I watched his motions, I knew that my box was in the boot; soon after, I saw him jump down from the box close by the coachman, with a great coat under his arm, and said, he was going by the Shrewsbury coach; a lad in the yard desired him to go into the office, and pay the fare; I did not see him go in, and that made me pay more attention to him; when he jumped down from the box, it appeared to me as though his coat was more bulky then it was before; I watched him, and soon afterwards he went out; I followed him, and I spoke to another man, who followed him with me; I caught hold of him with the property upon him; he said, what is the matter; I said, nothing was the matter; I asked what he had got under his arm; he said, a great coat; I asked him what he had under his great coat; I pulled the coat on one side, and saw the two boxes in his hand; he then gave me a blow, which set me a reeling, and he ran away; the other man followed him, and brought him back; he took the great coat and the boxes, and gave them to Mr. Cooke, the bookkeeper, at the Inn.

ROBERT PRATT sworn. - Examined by Mr. Raine. I am ostler to Messrs. Willan and Marriott: On Tuesday last, the last witness informed me, that aman was gone out of the yard that he suspected; I followed him, I ran against a link boy, it was bad walking, my light went out, and I slipped down; I got up, and Davis caught hold of him; just as I got up to him, being facing a baker's shop, where there was a light, I saw him drop the boxes and the coat, which Davis took up; I followed him, and never lost fight of him till Andrews secured him; he then said, what have I done; says I, come along with me, and I will soon tell you what you have done; Andrews and I took him back to the yard.

SAMUEL ANDREWS sworn. - I stopped the prisoner, and brought him back, with the last witness, and then he owned the great coat to be his.

Q.(To Cooke). Do you remember the boxes being brought back to your yard? - A. Yes; one of them was directed to Read, Lucas and Read, Sheffield; that was brought back by Davis, and given to me, with a great coat and another box; it was the same box that I had received from Hurst.

THOMAS MARRIOTT sworn. - Examined by Mr. Raine. I am in partnership with John Willan.(Proves the names of the proprietors of the Sheffield mail-coach ).

Prisoner's defence. I went to see a friend of mine off with the mail-coach, I took farewell of him; I had my great coat upon my arm, I heard a cry of stop thief, I stopped to see what was the matter; I directly saw two boxes at my feet, but I did not know any thing of them; and this man came up, and said, I had taken them.

GUILTY (Aged 36.)

Transported for seven years .

Tried by the first London Jury, before Mr. Justice LAWRENCE.

127. JANE DAVIS was indicted for feloniously stealing, on the 13th of December , 28 yards of calico, value 40s. the property of Thomas Brennand , privily in his shop .

JOSEPH-JAMES LITTLEJOHN sworn. - I live with Mr. Brennand, No. 64, Fleet-street : On the 13th of December, in the evening, the prisoner came in to look at some gowns, I was not there when she first came in, but I came down shortly after, and saw her looking at some gowns; she purchased a gown of another witness that is here, and paid for it; there were several pieces of calico upon the counter, near the prisoner; I saw her go to the door, and Mr. Brennand told her, he would be glad to speak to her; he first cleared the counter, before she came back to the counter; he told her, he had reason to suspect she had taken a piece of print; upon which, she immediately dropped it down; I called out, that there was a piece of print falling, I took it up before it was half way from underneath her gown, I shewed it to Mr. Brennand, who sent for a constable, and she was secured; she begged very hard that we would let her go.

JOHN APPLETON sworn. - I called at Mr. Brennand's, on the Wednesday evening, and saw the prisoner there; and Mr. Brennand's brother, Robert, whispered to Mr. Brennand, that he suspected she had taken something; Mr. Brennand immediately went forward, and put his hand upon the pile, and said, Robert, which print is it; the woman then went out, and he called her back, and challenged her with taking it; then the woman let the print fall; I saw the print on the ground, and part of it was under her clothes.

ROBERT BRENNAND sworn. Q.What reason had you to suppose the prisoner had taken any thing? - A. I had shewn the prisoner several prints, and she took one piece, and pulled it from end to end; I turned my back, and I heard her pulling the print to pieces; soon after that, she set down upon a stool; I told Mr. Brennand my suspicion, and she was detained.

The prisoner called five witnesses, who gave her a good character.

GUILTY (Aged 36).

Of stealing, but not privately.

Confined twelve months in the House of Correction , fined 1s. and discharged .

Tried by the first London Jury, before Mr. Justice HEATH.

128. JOHN PARSONS was indicted for feloniously stealing, on the 10th of January , a silk handkerchief, value 2s. the property of John M'Keller .

JOHN M'KELLER sworn. - I lodge at No. 12, Lad-lane: On Thursday last, about half past twelve, as I was crossing the top of Wood-street, in Cheapside , I felt a sudden jerk at my right hand pocket, I instantly turned round, and saw the prisoner at the bar with this handkerchief in his right hand, (producing it); I caught him immediately by the collar with my right hand, and with my left took the handkerchief out of his right hand; in a very short time, a considerable crowd gathered round, and I called a hackney coach to put him into, and he refused to go into it; I was then advised to carry him to Guildhall, which I did; and he was committed. I never quitted him.

Q. Are you positive this is your handkerchief? - A. Yes; it is marked.

Prisoner's defence. I was going to the East-India-house, to get a ship, I saw this handkerchief lying upon the ground, I picked it up, and this gentleman said, it belonged to him.

GUILTY (Aged 37).

Transported for seven years .

Tried by the first London Jury, before Mr. Baron THOMPSON .

129. WILLIAM WISE was indicted for breaking and entering the dwelling-house of David Mawley , about the hour of six in the night of the 17th of December , and burglariously stealing 20 yards of woollen cloth, value 10l. the property of James Eastbourne .

JAMES EASTBOURNE sworn. - My warehouse is at No. 108, Wood-street ; I rent the warehouse of David Mawley , it is the lower part of his dwelling-house: On Monday, the 17th of December, between five and six in the evening, I had locked up all the doors, and gone up into the house of David Mawley , to tea; in about a quarter of an hour I sent my man down to shut up the warehouse; he went down, and immediately called me; I came down, and found a wooden pannel taken from the warehouse window; upon examining, I found a piece of black cloth taken from the piles or shelves, about half a yard from the window; I immediately sent and informedone or two of the officers of my being robbed, and printed hand-bills; on the Saturday following, the 22d, an officer from Hatton Garden came to me, and in consequence of information, I went to the office in Hatton Garden, on Monday, where I found a piece of cloth that answered the description of that I had lost, excepting in one particular, that there was a leaden blank with No. 33, and 20 yards, marked upon it, that had been taken off; in every other respect, it was exactly like what I had lost.

Q. When you went up stairs, did you leave the warehouse safe? - A. Yes, I locked it up myself; the pannel had the appearance of having been broke in; there was a mark of an instrument against the board.

Q. Could it have been got out by means of a hook, or any thing of that kind? - A. It certainly could; there was another piece dragged to the mouth of the hole.

Q. What is the value of this cloth? - A. Ten pounds.

Cross-examined by Mr. Knowlys. Q. The door of your warehouse, and the door from his house, are different doors? - A. No, there is but one door.

Q. Do you know Mr. Mawley? - A. I do very well.

Q. Is he here? - A. Not that I know of.

JOHN MAWLEY sworn. - I am the son of David Mawley , I act as servant to Mr. Eastbourne: On the 17th of December my business kept me rather later than usual; when I came home, it was about half past five.

Q.(To Eastbourne). Was it dark when you went up? - A. It was dusk.

Q. Could you see a man's face distinctly? - A. No.

Q. Were candles lighted up stairs when you went up? - A. Yes, they were.

Q.(To Mawley) Was it dark when you came home? - A. Yes, it was so dark, that though I could see a person, I could not know them by their face; I found the street door shut; I went up to tea, where I found Mr. Eastbourne; in a short time he bid me go and shut up; I took the keys of the warehouse, and found the doors fast; I then took the keys out of the pins by which the shutters are fastened; I then took the shutters out, and was going to put them up, when I saw the corner of a piece of cloth, which is now in Court, at a hole in the window, the fellow piece to the one that was stole, and I called Mr. Eastbourne.

Cross-examined by Mr. Knapp. Q. It was not dark when you came home? - A. It was dusk.

Q. It was not so dark but you could see a man's face? - A. Not to know the man.

Q. You know there is a reward of forty pounds upon the conviction of this man? - A. Yes.

JOSEPH INWARDS sworn. - I am an officer belonging to Hatton-garden office: On Tuesday, the 18th of December, myself and two more officers went to Mrs. Turner's, No. 23, in Fleet-lane, to the prisoner's lodgings; we went up into the first floor front room, where we found the prisoner in bed; we went in and shut the door; I told him we wanted him, he must go with us; then I searched about the room, and found a number of articles that we took away, amongst the rest was this piece of cloth, we found it in the drawers, this was in a drawer that was not locked, some of the drawers were locked, I have had it ever since.

Q. Have you any other reason to know that they were his lodgings, besides finding him there in bed? - A. No.

Cross-examined by Mr. Knowlys. Q. Now do you not know, on the contrary, that she is a woman of the town, with whom any man may have a lodging if he pleases? - A. I have heard say so.

Q. Have you any doubt of it? - A. I have very little doubt of it.

Q. Therefore any man who was imprudent enough to go and get a lodging with her, might have been found there? - A. I cannot say.

Q.Did not you find a number of Mrs. Turner's clothes there? - A. Yes.

Q. Was not Mrs. Turner ordered before the Magistrate? - A. Yes, and she came there, and the next day she was to have come when he was to be examined.

Q. She came to the office, but not liking the smell of it, she gave you what we call leg bail? - A. I believe it was so.

WILLIAM ROSE sworn. - I am an officer; I know no more than what Inwards has said, I was with him.

Q. Can you tell who the lodgings belong to? - A. I cannot tell.

LEVI OBURNE sworn. - I am an officer; I know no more of it than my brother officers.

Q. Do you know who the lodgings belong to? - A. I cannot say. (The property produced).

Prosecutor. The leaden blank is gone, but I know it by the list, and width, and quality, exactly corresponding with the fellow piece.

Q. Do you think you can safely swear that it is your's? - A. I have no doubt but it is mine.

Mr. Knowlys. Q. That mark which would have enabled you to swear to it beyond all doubt, is gone? - A. Yes.

Q.These are two different pieces, are they not? - A. No, they are fellow ends, and were both wove at one time.

Q. It is packed up in the usual way in which Yorkshire cloths are packed up? - A. Yes.

Q. The same manufacturer deals with other persons in the same sort of cloth? - A. He manufactures the same kind of cloths.

Q. The manufacturer is not here? - A. No.

Q. It has no private mark of your own? - A. No.

Prisoner's defence. I am innocent of the robbery; this woman picked me up; I slept there all night, I know nothing more of it.

The prisoner called John Grant, who had known him from a child, and gave him a good character.

NOT GUILTY .

Tried by the first London Jury, before Mr. RECORDER.

130. ELIZABETH COLTON was indicted for feloniously stealing, on the 10th of January , two candlesticks, value 1s. a woollen jacket, value 5s. a woollen cloth coat, value 10s. 6d. two linen handkerchiefs, value 2s. 6d. a linen shirt, value 1s. and a yard of flannel, value 6d. the property of John Bouccock .

JOHN BOUCCOCK sworn. - I am a butcher ; I keep a house, No. 51, Barbican . Last Thursday morning Mr. Askew informed me that a woman had gone out of my kitchen with a bundle in her apron; I went after her, and brought the prisoner back; she had gone into a house a few doors off: she fell down and pretended to be in a sit; I found the property, some of it round her,and some at her seet? I sent for an officer, and delivered her to him with the property.

WILLIAM ASKEW sworn. - I am a japanner, I lodge with Mr. Bouccock; I came home on Thursday morning, and saw the prisoner coming out of a back room on the ground floor; I let her go out, I watched where she went to; I saw her into a house; I went back and told Mr. Bouccock of it, and he went to the house and found her there.

THOMAS JUDSON sworn. - (Produces the property). It was delivered to me by the prosecutor; he gave me charge of the prisoner and the property.(They were deposed to by the prosecutor).

Prisoner's defence. I am innocent of it; I never saw the things before I went into the house to tie up my stockings.

GUILTY (Aged 14).

Transported for seven years .

Tried by the first London Jury, before Mr. RECORDER.

131. WILLIAM SMITH was indicted for feloniously stealing, on the 17th of December , a stock-bed, value 4s. and a woollen blanket, value 1s. the property of John Evans .

JOHN EVANS sworn. - I am a sailor-boy belonging to the Lascelles East-Indiaman; I lost a bed and blanket from a house in Old Broad-street ; I left it on board a ship with my mess-mate, and he took it there; it was left there in the care of Mr. Stuart.

DANIEL STUART sworn. - Another boy belonging to the same ship brought the property to my house, and left it in the passage; the captain of the ship had a room in my house; I saw it frequently in the passage from Friday till Monday, the 17th of December; I saw it again the next day, Tuesday, when the prisoner was in custody at the Mansion-house.

JOHN CANTELOW sworn. - I am purser of the Lascelles Indiaman; I saw the prisoner with a bed and blanket upon his shoulders in Broad-street, wrapped up in a hammock, about six yards from Mr. Stuart's house, the other boy had stopped him with them, he had a part of his property also, but he being obliged to go to Wales, the Lord-Mayor gave him up his; I asked him where he was going with these things; he said, he was going on board the Adventure brig; I enquired by whose order he was going to take it; he hesitated some time, and then looking at the door, and seeing the name of Stuart, he said Mr. Stuart had ordered him to take it away; I assisted the boy to make him carry it back again from whence he took it; I then shut the door to, with the boy and him in the passage together, and went to enquire for Mr. Stuart, to know if he had given him any such order; I kept my eye on the door, in the mean time I saw the prisoner run out down Board-street, the boy and I ran after him, I caught him at about sixty yards distance; I brought him back to the house, and gave him in charge to Moses Edmonds, the constable, and also the property at the same time.

Q. Where did Evans first see it? - A.Before the Lord-Mayor, two days afterwards.

MOSES EDMONDS sworn. - I am a constable; the bed and blanket were delivered to me by Mr. Cantelow, and the prisoner. (The property was deposed to by Evans).

Prisoner's defence. I ply as a porter; I was going by Mr. Stuart's, there was a seafaring gentleman at the door, and he asked me to take it down to Billingsgate, and just as I had got it upon my shoulder, the boy came up to me, and said it was his; I told him I was to have a shilling for carrying it, and then that gentleman came and took me before my Lord-Mayor.

Q.(To Stuarts) Did you give him any orders to take it? - A. I did not. GUILTY (Aged 65).

Confined two years in the House of Correction , fined 1s. and discharged .

Tried by the first London Jury, before Mr. RECORDER.

132. ELIZABETH TANDY was indicted for that she, on the 15th of December , a piece of false and counterfeit money, made and counterfeited to the likeness of a good half-crown, unlawfully and deceitfully did utter to one John Swinburne , knowing it to be false and counterfeit; and the indictment further charged, that she, on the same day, another false and counterfeit half-crown, did utter to the said John, knowing it to be false and counterfeit .(The case was openened by Mr. Gurney.)

JOHN SWINBURNE sworn. - Examined by Mr. Gurney. I am a grocer and cheesemonger , in Grub-street : The prisoner at the bar came to my house about nine o'clock at night, on the 15th of December last, and asked for two or three small articles, such as tea and sugar, and a small quantity of butter, not amounting to sixpence altogether, she offered me half-a-crown; I asked her if she would take a few halfpence; she said she could dispense with all halfpence, and I gave her all halfpence; I put the half-crown in the till among the rest, I did not observe it was a bad one; she came again about twelve o'clock at night, being Saturday night, for similar articles, not coming to sixpence, with another half-crown; she observed me rather dispute it; she said, she had taken it of a Mr. Chancellor, who that was I did not know; it had a mark with a punch on it, I gave her the change, one half in half-pence, and the other in penny-pieces; we were shutting up then, and she came again before I got the shop quite shut up, with another half-crown.

Q.What had you done with that half-crown that was punched? - A. I had put it in the till, and I had only taken one other half-crown all the evening, which was marked with an R, (produces it): she then asked for similar articles, still under sixpence; I served her, and she offered me a half-crown again; I looked at it, and saw it was a bad one; I told her she wanted to defraud me, and I sent for a watchman, and gave her in charge; she said, that was the first time she had been in my shop; the constable has the half-crown.

THOMAS WILKES sworn. - Examined by Mr. Gurney. I am a constable: The prisoner was brought to me by the watchman; Mr. Swinburne gave me these two half-crowns; I have had them ever since.

Swinburne. These are the same half-crowns that I received of the prisoner.

CALEB-EDWARD POWELL sworn. - I am clerk to the Solicitor of the Mint.

Q. You are in the habit of seeing good and bad money? - A. I am.

Q.Look at that half-crown with a punch mark? - A. It is a counterfeit.

Q. Look at the other? - A. That is also counterfeit.

Prisoner's defence. I never was in that gentleman'sshop but once; I had taken that half-crown of Mr. Chancellor. GUILTY . (Aged 50.)

Judgment respited for the opinion of the Judges.

Tried by the second London Jury, before Mr. Justice HEATH.

133. WILLIAM TRINFIELD and JARVIS THOMPSON were indicted for a conspiracy .

WILLIAM CLIPSON sworn. - I live at no No. 46, Ludgate hill : I met the prisoner Trinfield at Mr. Cotterell's, the Half-way-house in St. George's Fields, he was there shewing some samples of brandy and rum; he shewed me two samples of brandy and rum, I tasted it there, the sample was very good, the brandy in particular, such as is very seldom met with now-a-days; I did not buy any of them then; but some time after, one of them called upon me, I cannot say which, and brought a sample of brandy and rum; I was to have twenty-four gallons for twelve guineas, taking brandy and rum together; they did not bring it the same night, but on the 18th of May they brought it in; I was not at home, but being in the neighbourhood I was sent for; I came home, and saw both Trinfield and Thompson; I told them I was very sorry they had brought it, and they might take it away again, for I had not so much money in the house as would pay for it; they said it was very hard to take it away, they might have it seized, or something of that sort; I told them I had a little bill that would be due on the Tuesday following of ten pounds, at two months after date; I told them I would give them that bill, and the rest in money; I gave them the bill, and I gave them a pound Bank-note, and a seven-shilling-piece; the bill was a promissory note, payable to myself, dated the 19th of March, for ten pounds; they had some mutton chops, and something else to eat, but that I did not charge them; they brought in a cask of brandy and a cask of rum, twelve gallons each, as I understood; on the Sunday morning. I went to fetch it out of the stable backwards, and I carried one cask away on my shoulder, and when I went to fetch the second cask, I observed something leak at the bung-hole, as I was rolling it along, and I tasted it and found it was water; then, when I came back, I thought, how the dence could there he brandy there; I turned the head of the cask up, and found a great deal of sand and dirt, as if it had been lying in grease; when I came to clean the top, I found it was a shave to match with the grain of the wood, fixed in like a bung, and a bladder was fixed into the shave, and that went to the head of the cask, and if you tapped that end it was brandy, and if you tapped the other end it was water.

Q. How much brandy and rum did you find? - A. About half a pint of each in the whole.

Q. How much water was there in each cask? - A. I did not measure it; they delivered them to me as twelve gallon casks; if that was so, there were eleven gallons, seven pints and a half, of water.

Q. Had you any brandy or rum in the same sized casks in the house before? - A. No, I had not.

Cross-examined by Mr. Knapp. Q. This is not the first time that you and I have had the pleasure to meet in Courts of Justice before? - A. No.

Q. I believe you live at what was called Ashley's Punch-house? - A. Yes.

Q. I don't mean to say any thing harsh to you - but I believe you have not a licence for that house at this time? - A. No; I believe you well know it; I wish I had.

Q. Therefore rum and brandy to be sold in your house would be contrary to law? - A.Certainly.

Q. Now, upon your oath, at this time, had you no rum or brandy in your house? - A. I might; but not of any such sized casks; I might have a bottle or two, or three; I have a right to keep brandy and rum in the house as well as any other gentleman.

Q. I take it for granted, it never happened that either for your own private use, or for sale, you had casks of brandy or rum in your house? - A. Not lately, not these six months I am sure; I perhaps may have had two gallons in a bottle; but I have had none since.

Q. But I ask you as to casks? - A. No, I have not.

Q. How lately before that time have you had casks of brandy or rum? - A. I believe I had a cask, or I might have casks, I do not know.

Q. I take it for granted, that all the casks of rum and brandy that you have had before, you paid the King's duty for? - A. I never did before this, buy a drop of smuggled goods in the many hundreds and thousands of gallons that I have sold.

Q. And so for the first time, never before having bought any, you buy it of two soldiers? - A. I should not then if I had had a licence.

Q. This was the first time, after having kept houses for the sale of punch and brandy, and those sort of things - how many years? - A.Twelve.

Q. And yet you never bought any brandy, rum, or gin, without paying the duty? - A. That I can safely swear; and if I had, I conceive I am not bound to criminate myself; but I tell you fairly, I never did.

Q. You are perfectly right, you are a very good lawyer, you understand, perhaps, the term conspiracy, let us try it a little. - When you first saw Trinfield he was alone? - A. He and Mr. Wightman.

Q. Mr. Wightman is the gentleman that had the Punch-house before you? - A. Yes.

Q. You were not at home when the goods were delivered? - A. No; but I was sent for.

Q. In what part of the house might they be deposited? - A. In the chaise-house, behind the house.

Q. That is a very snug retreat for goods that have not paid the duty? - A. Yes.

Q. I dare say they were not covered over? - A. Trinfield and Thompson had covered them over with straw, and shewed them to me.

Q. You have been often examined in Courts of Justice, I don't say in what character, because that has no business here; but do you mean to say upon your oath, that these were exactly the things put there by the prisoners, you not being present when they were put there? - A.They shewed me that those were the two casks that they had put there; they said, they were the same as the sample, and they were in a hurry, for they had got a great many more to deliver.

Q. Is there not a communication from your back premises into Fleet-market? - A. No, that door is nailed up; Mr. Littlemore has those premises to keep fruit in, and he has the key.

Q. And you never saw these articles from the Fridaytill the Sunday? - A. I did not remove them till the Sunday, I had seen them very safe under the straw.

Q. What time on the Sunday did you look at them? - A.Between five and six in the morning; I took care to get up early, because I did not wish any servant or any body else to know it.

Q. It was as snug and comfortable as could be? - A. If it had been such brandy as the sample was, it would make any body comfortable, for I could not get such fine coniac brandy if I was to give 24s. a gallon for it.

Q. There are a great many people come to your house? - A. I dine thirty and forty of a day sometimes.

Q. And are obliged to send out for all the liquor that you want? - A. Yes, I send to the Bell-Savage tap for every thing.

Q. This note you speak of was dated as long ago as March, and made payable to yourself? - A. Yes, I had four of them out, at two, four, six and eight months; those men paid it to the cooper who made the casks for them, and I thought I was not bound to pay the note;I was arrested for it, and it is now to be tried.

Q. Did you ever buy brandy so cheap in your life before? - A. Yes, I have bought brandy of Mr. Willey, of Basinghall-street, at ten shillings a gallon.

Q. What was the value of such brandy at that time? - A. I should suppose I had it about five shillings a gallon under the price.

Q. Then that is about six pounds saved? - A. Yes, somewhere thereabouts.

Q. Though you have no licence, and dine so many people every day, you hold the situation of Serjeant at Mace of the City of London? - A. I certainly hold that place, but I give no securities, and have not done for a long time; I purchased the place, and therefore I have a right to hold it.

Q. Therefore you are pretty well acquainted with the laws of your country? - A. I think I am.(Mr. Knapp then addressed the Jury at considerable length on the part of the prisoners). Both GUILTY .

Confined one year in Newgate , fined 1s. and discharged .

Tried by the second London Jury, before Mr. RECORDER.

The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 8.

Mary Garnham,

James Blakely , otherwise Patrick Blake,

Bridget Sullivan ,

Betty Murphy ,

George Ham,

William Wallace,

Thomas Smith ,

John Haines.

Transported for seven years - 11.

Mary Simpson ,

Samuel Wilson,

William, otherwise George Ablett,

James Munro ,

Mary Bowmana,

John Murray,

Henry Marr,

Charles Brown,

John Parsons ,

Elizabeth Colton,

Richard Pyman.

Confined to hard labour on the Thames for three years. - 3.

John Heals , Peter Avery, John Chapman.

Confined two years in the House of Correction, and fined 1s. - 1. - William Smith.

Confined twelve months in the House of Correction, fined 1s. and discharged - 5.

Joseph Jacobs,

Frederick Waggoner,

Joseph Lowe,

Isaac King ,

Jane Davis .

Confined one year in Newgate, fined 1s. and discharged - 2.

William Trinfield , Jarvis Thompson.

Confined six months in the House of Correction, fined 1s. and discharged - 7.

George Elms ,

William Smith ,

Elizabeth Groves ,

Ann Nichols , otherwise Wilson,

Mary Hall,

Ann Lockhart,

Thomas Green, otherwise Fuller.

Confined one week in Newgate, and fined 1s. - 1. - Elizabeth White .

Fined 1s. and discharged - 1. - George Baker.

Whipped in the Gaol and discharged - 3.

George Giles , Thomas Porter , Thomas Jefferies.

The judgment of Elizabeth Tandy was respited for the opinion of the Judges.