Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), February 1804 (18040215).

Old Bailey Proceedings, 15th February 1804.

THE WHOLE PROCEEDINGS On the KING's Commission of the Peace, OYER AND TERMINER, AND GOAL DELIVERY FOR THE CITY OF LONDON, AND ALSO, THE GOAL DELIVERY FOR THE COUNTY OF MIDDLESEX, HELD AT Justice-Hall, in the Old-Bailey, On WEDNESDAY, the 15th of FEBRUARY, 1804, and following Days,

BEING THE THIRD SESSION IN THE MAYORALTY OF The Right Honourable JOHN PERRING , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY RAMSEY AND BLANCHARD.

LONDON:

PRINTED AND PUBLISHED, By Authority of the CORPORATION of the CITY of LONDON, By W. WILSON, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons.

1804.

THE WHOLE PROCEEDINGS On the KING's Commission of the Peace, OYER AND TERMINER, AND GOAL DELIVERY FOR THE CITY OF LONDON, &c.

BEFORE the Right Honourable JOHN PERRING , LORD-MAYOR of the City of LONDON; the Right Hon. Sir SIMON LE BLANC, Knight, one of the Justices of His Majesty's Court of King's Bench; the Hon. Sir BEAUMONT HOTHAM , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir WATKIN LEWES , Knight, THOMAS SKINNER , Esq. Sir RICHARD CARR GLYN, Bart. Aldermen of the said City; JOHN SILVESTER , Esq. Recorder of the said City; PETER PERCHARD , Esq. THOMAS SMITH , Esq. and Sir MATTHEW BLOXHAM , Knight, Aldermen of the said City; and NEWMAN KNOWLYS, Esq. Common-Serjeant of the said City; His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City, and County of MIDDLESEX.

London Jury.

John Brown ,

Stephen Windmill ,

James Woltman ,

Rowland Muggleston ,

Thomas Vine ,

William Finch ,

William Proudman ,

John Davis ,

John Bartlett ,

Joseph Waybrand ,

James Stacey ,

Edward Wakeland .

First Middlesex Jury.

Thomas Tucker ,

George Offeney ,

Nathaniel Fortescue ,

William Tingle ,

Peter Pritchard ,

Henry Sabine ,

John Bucken ,

James Store ,

Richard Herbert ,

Benjamin Welton ,

Daniel Flannegan ,

John Golding .

Second Middlesex Jury.

Joseph Curtis ,

Joseph Woollard ,

John Jones ,

James Burn ,

John Laund ,

George Pinnerment ,

James Shephard ,

James Strong ,

John Glendenning ,

George Wenchurst ,

Danly Manly ,

Samuel Turnbull .

143. JOHN SHEPHARD was indicted for feloniously stealing, on the 26th of January , two reams of writing-paper, value 20 s. the property of Thomas Jones .

THOMAS JONES sworn. - I am a stationer , and live at Islington : On the 26th of January, I lost two reams of paper from my door; it was fastened by two cords against the wall, close to the doorpost, and I left it there about eleven o'clock in the morning. I went into the City and returned home, and about that time it was stolen.

JOSEPH LACK sworn. - I am a smith, and live at Islington: I saw him take the two reams of paper away; being on the opposite side of the way, I watched him; when I saw him take the property, I ran after him, and very near the time I got up to him he threw the paper down, and a gentleman of the name of Ashby took him. (The paper produced).

Q. Is that the same paper? - A. Yes.

Q. How did he untie the paper? - A. The cords were cut.

JOHN ASHBY sworn. - I am an upholsterer, and work at Islington: I saw the prisoner drop the paper, I instantly pursued him and took him; he knocked me down; I had assistance, and we took him to the watch-house.

Prisoner. He said before the Magistrate he knocked me down, now he says I knocked him down; but I did not.

THOMAS LACK sworn. - I am an officer: I saw the prisoner about the door, first and last, near half an hour; when he was brought back, I put him in the watch-house; I saw him lift the paper up, and saw him run away with it; I am sure he is the same man.

SAMUEL LACK sworn. - I am an Islington patrol: I was working at a house, where I saw the prisoner running in a field, and Ashby pursuing him; I jumped across a ditch and stopped him; on bringing him back he lost his shoe, he put his hand in his pocket; I said come along; he said, d - n your eyes I shall not; he knocked Ashby down.

GUILTY , aged 23.

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

London Jury, before Mr. Recorder.

144. JAMES DAVIS was indicted for feloniously stealing, on the 19th of January , nine pounds weight of soap, value 5 s. the property of Jesse Russell .

JOHN DAVIS sworn. - I am a neighbour of Mr. Russel, a soap-maker: On the 19th of January last, I found a cake of soap in a by-place; I took it to Mr. Russell's accompting-house, and one of the clerks told me to take it back where I found it, which I did. Soon after, I saw the prisoner put two cakes more in the same place; I then followed him, and brought him back to the clerk.

Court. Q. Whose soap was it? - A. Mr. Russell's; the prisoner was a servant to Mr. Russell, and had worked for him two or three years.

STEPHEN PUGH sworn. - On the 19th of January, the last witness brought me a cake of soap to the accompting-house; I marked it, and desired him to take it back; and in the evening he brought me three cakes of soap; I drove a nail in the first cake, and here are the other two.

Court. Q. How did he behave? - A. Very well, he was kept entirely out of charity; he earned very little.

Q. How old is he? - A. About seventy-two.

GUILTY , aged 72.

Confined one month in the House of Correction ,

First Middlesex Jury, before Mr. Recorder.

145. JOSEPH SCOTT was indicted for making an assault on Britannia Lee , on the 3d of January , in a certain field called Canonbury-field, and putting her in fear, and taking from her person a purse, value 1 d. and a one pound Bank-note, her property .

BRITANNIA LEE sworn. - On the 3d of January, between three and four o'clock in the afternoon, I was going across Canonbury-fields to Newington.

Court. Q. Was there a public foot-way there? - A. Yes; I was walking in the path with Mrs. Frances Ashley , a man followed us; he came and passed us close on my right-hand side, and demanded my money; he had a knife in his hand.

Q. What sort of a knife? - A. It was a middling size clasp-knife, open; he held it close to my breast.

Q. What part of the knife was pointed to you? - A. The blade of the knife; I put my hand in my pocket, he bid me be quick, and not give him the trouble of searching me; I said, take that knife away, and I will give you all I have; I then gave him my purse; he asked me if that was all I had; he took my purse, there was a one pound Banknote in it.

Q. Where was the other lady? - A. He demanded her money, and used the same language to her as he did to me; he presented the knife to her as he did to me.

Q. How long was this? - A. About four or fiveminutes; he then bid us to walk along; we walked along, and soon after met a gentleman.

Q. Before you walked on, did you take any notice of him so as to know him again? - A. Yes; as soon as we met the gentleman, we immediately turned round, and saw him run across Ball's Pond fields. I told the gentleman what had happened, and said I should be much obliged to him if he would pursue the man. I saw the man running across Ball's Pond fields.

Q. Did the gentleman pursue him? - A. Yes, he did; I saw him pursue him.

Q. Did you see him take the man? - A. No; we lost sight of the man going across Ball's-Pond fields. I then went on.

Q. After that, did you see your purse again? - A. Never. I never saw the prisoner again till he was brought up to Bow-street last Saturday week.

Q. Did you take any notice of his dress? - A. Yes; he was dressed in a dark-coloured coat; he had a linen apron on, very black; he had a silk handkerchief over the top part of his face, and had placed it down to the top part of his lip; he had it down when he demanded my money.

Q. Look at the prisoner; is he the man you saw at Bow-street? - A. Yes; I was struck with the lower part of his face. I think it is the man by the lower part of his face, and his figure altogether.

Q. Was it light or dark? - A. It was not very light; it was between the hours of three and four; it was getting dark; when I was going up to Canonbury-house I noticed a man whom I believe to be the man who robbed me.

Q. Was it light enough for you to see him running across the fields to some distance? - A. Yes, it was.

Cross-examined by Mr. Knapp. Q. I suppose you never saw this man before? - A. Never before that day.

Q. You said that it was getting dusk; that he had an handkerchief which covered his nose? - A. Yes.

Q. Then your only observation was from the lower part of his face; merely from his nose down to his chin? - A. Yes.

Q. A person coming and presenting a knife to you, would much alarm you? - A. Yes, I was frightened.

Q. You never had the good fortune to recover your purse, nor your note? - A. No.

Q. This happened on the 3d of January; the prisoner was not taken up till about ten days ago; there was a period of above twenty days; and you say you think this is the man? - A. Yes.

Q. No other violence was used; only the knife put to your breast? - A. Only threats if we were to call out.

JOHN COX sworn. - Q. Were you in the field after that robbery? - A. Yes, I was.

Q. Were you the person that first met that lady? - A. No; I am a patrol of Bow-street; I had an information of another robbery, after that I heard of this robbery. I then went in pursuit of this man, and on the 31st of January I apprehended him, very near were he committed this robbery, in Canonbury-fields, at one o'clock in the day time; that is another robbery committed on the 6th of February. I saw him standing in the fields by himself. I went up to him, and said where are you going? He said to take a walk. I said where do you live? He said in Bowling-green-lane, Clerkenwell. I said take off your hat? He did; I found nothing in his hat. I told him he answered the description of some man that had robbed in that field. I searched his pocket; and in his left hand waistcoat pocket I found a knife, in his fob pocket I found four duplicates, and no money. I told him I must take him before the Magistrate, which I did.

Prisoner's defence. When I was stopped by that gentleman, he asked me where I was going. I immediately pulled out of my pocket some mallow-leaves I had been gathering. He immediately said I answered the description of a man that had committed a robbery last Monday week. He searched me; he took off my hat; he searched me about a quarter of an hour; not finding any thing, I thought he would never leave off. After taking every thing from me but the mallow-leaves, which I gathered for my legs, which are very bad, he said I must go with him.

Q.(To Cox.) Had he some mallow-leaves in his pocket - A. He had a few dead leaves; they were quite dry; and were not gathered that day.

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

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

146. JOSEPH SCOTT was again indicted for making an assault, in Canonbury-fields , in the parish of St. Mary, Islington, upon Sarah, the wife of Thomas Hale , on the 23d of January , putting her in fear, and taking from her person a purse, value 1 d. a seven-shilling piece, and four shillings in silver , the goods and monies of Thomas Hale .

SARAH HALE sworn. - Q. Did any thing happen to you on the 23d of January? - A. I was in company with a lady, walking over Canonbury-fields, about three o'clock in the afternoon, towards London. I was stopped by a man masked; it was a brown paper mask; there was one eye appeared through it. He was alone, on foot; he had a brown common coat on, and a silk handkerchief round his neck, and a dirty linen apron on. Wesaw his knife tucked in his apron-string; he presented the knife to us, and demanded my purse. He told us, if we were not quick, he would cut us to pieces. I gave him my purse; it contained about 12 s. and a seven-shilling piece. He told us to walk on, and go back, when we gave him our purse. We went back towards Canonbury-house; he went towards Islington. I saw no more of him.

Q. Was the mask on his face all the time? - A. Yes, all the time.

Q. Then I need not ask you whether you could swear to him? - A. Impossible.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

147. JOSEPH SCOTT was again indicted for making an assault in Canonbury-fields , in the parish of St. Mary, Islington, upon Hannah Ashley , on the 23d of January , putting her in fear, and taking from her person a purse, value one penny, two seven-shilling pieces, and two shillings .

The evidence being the same as the former, the prisoner was found

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

148. JOHN SMITH , otherwise LACEY , was indicted, for that he, on the 7th of July, in the 40th year of his Majesty's reign, was tried and convicted of being a common utterer of false and counterfeited money, and was sentenced to one year's imprisonment, did, on the 27th of January last, utter one false and counterfeit piece of money, in likeness of a half-crown, and as a good half-crown, with intent to defraud David Hall .

Mr. CALEB- EDWARD POWELL sworn. - Examined by Mr. Knapp. Q. I believe you have the record of conviction of the prisoner? - A. Yes.

Q. Do you know the prisoner? - A. Yes.

(Reads the record.)

THOMAS ROBERTS sworn. - Examined by Mr. Knapp. Q. You are the deputy keeper of the New Prison, Clerkenwell? - A. Yes.

Q. Do you know the prisoner? - A. Yes.

Q. Were you present at the time he received the sentence of the Court, at Clerkenwell? - A. I was.

Q. Was he in prison the time he was ordered? - A. He was.

Q. He was in your custody? - A. He was.

Q. You have no doubt about it? - A. None at all.

- JONES sworn. - Examined by Mr. Knapp. Q. You keep a public-house in Chiswell-street? - A. Yes.

Q. Do you know the prisoner at the bar? - A. I do. On the 27th of January the prisoner, and another man with him, came to my house, and called for a glass of gin. When they had drank it, they put down a bad half-crown; I told them it was a bad one; he gave me another, for which I gave him change. They went out, and I followed them.

Q. Why did you follow them? - A. I suspected they were doing something they should not. I followed them till they went into another house in Finsbury-street (Mr. Hall's), and I went in when they came out.

Q. Was a half-crown produced to you by Mr. Hall? - A. Yes; he had it in his hand.

Q. Was it the same half-crown the prisoner tendered to you? - A. It was.

Q. Should you know the half-crown again? - A. Yes.

Q. What happened then? - A. Mr. Hall and I went after them; we overtook them in Little Moorfields.

Q. What did you say to them? - A. Hall shewed him the half-crown, and told him he had given him a bad half-crown; they said they did not know it was a bad one; I said I had told him before that it was a bad one myself; they answered they did not know me, nor where I lived; the other man said that. We took them back to the White Horse (Mr. Hall's, in Finsbury-street), and sent to Worship-street for an officer

Q. When the officer came, did you see him search the prisoner? - A. Yes; there was nothing but good money found upon him, and some gin in a bottle.

Q. Did you know the other man? - A. No, I never saw him before.

Q. How long were they in your house? - A. About two or three minutes; while they drank their liquor.

Counsel for the prisoner. Q. Was there any thing particular in that half-crown? - A. Yes, there were letters on it. I marked it when Hall had it.

Q. You did not mark it before? - A. No; I marked it by the desire of the officer.

Q. Have you not heard of a reward? - A. I did not do it with that intent; I do not look for it; I do not know that there is, I will swear.

DAVID HALL sworn. - Examined by Mr. Knapp. I keep a public-house, the White Horse in Finsbury-street.

Q. Do you know the prisoner? - A. Yes. On the 27th of January, the same morning he had been to Mr. Jones's, he came to my house; they both came in together; he and Wootten; the one called for a glass of gin, and the other for a glass of raspberry. I did not examine the half-crown when the prisoner put it down; I gave him change for it; when I took it up, I found it was a bad one. I was going out after them to get it changed, when Mr. Jones met me at the door. We pursued the prisoner. They were not out of sight.

Q. Are you sure that that half-crown you took up was the half-crown the prisoner tendered to you? - A. Yes, I am sure it was the half-crown the prisoner tendered to me.

Cross-examined by the prisoner's counsel. Q. You were not going to take up the prisoner when you looked at the half-crown? - A. No, I was going to get it changed.

Q. That was in consequence of seeing Mr. Jones? - A. Exactly so; I never saw them before.

PETER MASON sworn. - Examined by Mr. Knapp. I am an officer of Worship-street, and was sent for to the White Horse, in Finsbury-street.

Q. Did you know the prisoner before? - A. No. Mr. Hall gave me the half-crown. I have had it in my possession ever since.

Q. Did you search the prisoner? - A. Yes.

Q. Did you find any bad money? - A. No; but I found 6 s. 6 d. in silver, eleven halfpence, and two farthings; and a pint bottle full of gin. He would not tell where he lived. He said he worked at the New Docks.

Prisoner. I gave him the place of my abode.

Witness. That was at the office.

Mr. MENCELIN sworn. - Examined by Mr. Knapp. Q. You are one of the moniers of the Mint? - A. Yes. (Looks at the money.) It is a bad half-crown, and such as nobody would take but in a hurry.

Q.(To Jones.) Is that the half-crown that was presented to you? - A. Yes; there is a G and J, two letters that I put on it.

Q.(To Hall.) Is that the half-crown that he tendered to you? - A. I am sure this is the same half-crown; there is a mark on the other side that I put on it.

Prisoner's defence. As we were coming on, the other man was with me, we went into this house to have something to drink; I put down half a crown; the first witness said it was a bad half-crown, I said I took it for a good one, I did not suppose that man to be a judge, I had drank two or three glasses before, I did not think it a bad one when I went in, I had been working at the docks; we went into the other house to drink again, and there I offered it, thinking the other man might not be a judge, whether it was a good one or not. I really did not know it was a bad one; I took it for a good one

GUILTY , Death , aged 35.

First Middlesex Jury, before Mr. Justice Le Blanc.

149. SOPHIA DALE was indicted for feloniously, unlawfully, and maliciously, on the first of February , setting fire to a certain dwelling-house , belonging to Phoebe Mordecai , against the statute.

PHOEBE MORDECAI sworn. - I live in Charles-street, Hanover-square , and the prisoner lived with me, as servant , about four months.

Q. Have you any other servant? - A. Yes; a boy. I suspected her of setting fire to several parts of the house on the first of February; both the window-curtains were burnt, without the least communication with each other, up two pair of stairs, in the front room.

Q. What time did you discover this? - A. About six o'clock; I had been out; I returned home about a quarter before five; I left in the house Sophia Dale , a washerwoman, a boy, and the servant of the house that took Sophia Dale's place. There was a great deal of clean linen burnt, that lay on the foot of the bed ready to be put on; the bed-clothes were burnt through, but not the bed; the side-valence of the bed was burnt, which had no communication with the window.

Q. What led you to go up stairs? - A. I did not go up myself; I sent a servant who had taken Sophia's place; it was not burning then, it had the appearance then of being burnt; a gown which lay in the wardrobe was burnt, and the wardrobe door was locked with a key in it, and nothing else in that place was burnt; and a place burnt on the stairs, with some grease left, as though a candle had been placed there, opposite the bed-room door; all was safe when I came home; I had been out about three hours, and about three quarters of an hour afterwards, I had occasion to send up for something in the bed-room; my servant, who had taken Sophia's place, came down, and said the room was full of smoke; I ran up stairs, and as soon as I could recover the suffocation, I saw the clothes burnt, without the least appearance of flame or blaze.

Q. Had you any fire in the room? - A. No; I had not had a fire in the room for a fortnight; I called for somebody to come up, the washer-woman came up, and caught the clothes burning.

Q. Were the window-curtains blazing? - A. No; some parts were red, and some parts were black.

Q. You do not yourself know when the prisoner went out? - A. No, I do not; when I came home she was gone; I enquired when she went out; I was told she had been out about a quarter of an hour.

Q. Had you discharged her? - A. No; I meant to discharge her the day after.

Q. Had you any quarrel with her? - A. I had told her of running me in debt, at four or five places in the neighbourhood.

Q. Did she know she was to go away? - A. Yes, she did.

Q. What time did she come home again? - A. Not till the next day, about twelve o'clock.

Q. How did she account for her absence? - A. She said that she called at a friend's house, and that she was informed of the accident, and was so alarmedat a fire, she could not return sooner. I was almost convinced she had done it. I was advised by the attorney to stop her wages to pay the debts; it was upwards of 5 l. she had run me in debt; her wages were not so much.

SARAH HANDBY sworn. - I went to Mrs. Mordecai's place on the 31st of January, between the hours of six and seven.

Q. Whom did you find in the house? - A. I found a washerwoman in the kitchen below, a maid servant, and a boy.

Q. Who do you mean by maid servant? - A. The prisoner; the accident was on the first of February.

Q. At what time did you go up on that day? - A. I went up about ten minutes past five, or thereabouts; there was no smell of fire then in the room.

Q. When did you go up again? - A. About half an hour after; then I found it very smokey, and was very much alarmed. I went down to my mistress, and asked her if the chimnies were given to smoking; she said no; and told me to go up again, and smelling fire, I screamed for assistance; the best of the clothes that had been put on the bed were like tinder, and the bed-clothes were all in a moulder.

Q. Were they blazing? - A. No; quite of a smother; the farther cornice of the window was quite of a moulder, and the window-curtain like tinder.

Q. Do you know at what time the prisoner went out on the day this happened? - A. About five in the evening; I could not keep her in the house; she refused to stop.

Q. What did you want to keep her in the house for? - A. I wanted her to stop to dinner; she said she wanted to go to a lady, to get her in the hospital; she said she was afraid of going down Piccadilly, for fear of meeting her mistress and another lady.

Q. She was gone before her mistress came home? - A. Yes.

Q. How soon did her mistress come home? - A. She came home about half-past five.

Q. Do you know whether she had been up stairs that afternoon? - A. I rather think she had. She had been taking the drawing-room curtains down, and she said all was shut up stairs, and in the bed-room all was shut; she did not want the boy to go up. She did not like to go out till it was dark.

Q. Did she say she did not like to go out till it was dark? - A. No; but she did not want any of us to know when she went out.

Court. That is only your idea of it.

Q. When she was in the kitchen, had she her bonnet on? - A. Yes; she said could not stay, she desired me to cut her dinner off, which I did.

Q.What time was your dinner hour - A. Half-past five o'clock.

HENRY ORCHARD sworn. - I live with Mrs. Mordecai.

Q. What time was the fire? - A. On Wednesday evening, I cannot recollect the day of the month.

Q. Was your mistress at home at that time? - A. Yes.

Q. Was the prisoner at home at that time? - A. No; she had been gone out about ten minutes before my mistress came home. I did not go up till the fire was out. I saw the curtains all burnt down, and the linen lying on the foot of the bed was burnt.

HARRIOT RUTTER sworn. - I am a washerwoman.

Q. Did you see the prisoner go out that evening? - A. I saw her leave the kitchen to go out, about five o'clock.

Q. When had you the first alarm? - A. About a quarter before six, the maid had been sent up stairs to fetch a jacket; some time after she went up stairs to fetch something else for her mistress; I heard a noise that there was a fire; I went up to see what was amiss, and found the things burning; all of a mouldering, like tinder when struck a light; all the things that were on the foot of the bed. I put the burnt things which were on the bed in my apron, and saw the window-curtains were all consumed, and the front frame of the window was burnt.

JOHN HALSON LAVENDER sworn. - I am an officer of Bow-street; I was sent for, and went up stairs, and saw the clothes that were burnt on the bed; the counterpane and the blanket were burnt in two places; the window-curtains and the cornice, and the side of the window-frame, were burnt; and there did not appear to be any communication between the cornice and the side of the window-frame; the window-frame was burnt from top to bottom; one gown was burnt in the wardrobe. On the stair of the garret, above this room, there was a burnt place, about three inches in length; it appeared as if it had been done with a candle, was black, and some grease left; and this trinket-box (shews the box) on the toilet-table was burnt, and the cloth on the toilet-table was burnt.

Q.(To Mrs. Mordecai.) Where was that box? - A.It stood on the side of the looking-glass.

Prisoner's defence. I was not in the house at the time it happened; I left the house ten minutes before five; I went no more that day, nor was I up stairs above twice during that day; in the afternoon I went up stairs with Sarah Handby to take up some linen that was washed; after that I went up one pair of stairs, and there I heard the boy, had let the bed-room curtains down; I told him he ought not to let the bed-room curtains down, but, as they were down, they might remain. I went out then to Lambeth-marsh, and returned about eighto'clock to Duke-street; from there I went to a lady in Jermyn-street; there I heard of the accident; I was so alarmed I never went out; the servant you heard from before went up twice to fetch one thing and then the other, which she took out of the wardrobe after I was gone out.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Hotham .

150. DANIEL M'GAN was indicted for feloniously stealing, on the 17th of January , a Bank of England note, value 5 l. the property of Timothy Drury , in his dwelling-house .

TIMOTHY DRURY sworn. - I keep the sign of the King's Arms, New Round-court, in the Strand ; the prisoner lodged with me about six months; he belongs to the 20th regiment of light dragoons ; about the 17th or 18th I missed a 5 l. note; I had seen it about four or five days before.

Q. What made you suspect him? - A. He lay in the opposite room to my bed-room, and he laid in bed that day till near twelve o'clock at noon.

SARAH DRURY sworn. - Q. Did the prisoner lodge with you? - A. Yes.

Q. When did you see this 5 l. note? - A. The Saturday before; I missed it about the 17th or 18th; it was lost the Sunday before.

Q. Do you know any thing of the circumstance of its being lost? - A. No; I went up stairs on Thursday about eleven or twelve o'clock for some money, and opened the chest; I saw the notes had been replaced; the 5 l. note was then gone.

Q. What reason had you to suspect the prisoner? - A. No other reason than seeing him flush of money about a day or two after that.

GEORGE HYNDE sworn. - Q. Are you a soldier in the 20th regiment? - A. Yes. On the 17th of January I went to lie down about seven or eight o'clock in the morning; I lodge in the same house and in the same room with the prisoner; I was not very well, and some time of the day the prisoner came up in the room (what time I cannot exactly tell) and went down directly; in about five minutes after that he came up again, and stopped about a minute; he then went out of the room, and took the key out of the room door where I lay; the key was inside; he went to the room facing, and unlocked the door of the landlord's bed-room with that key; after he had unlocked it he went in, and stopped about a minute; he came out, and locked that door; he took the key out of that door, and put it in the same door he took it out of; he came in the room, and staid there a little while, and then went down stairs.

Q. Did you take off your clothes when you laid down? - A. Yes, and got into bed.

Q. How did you see all this? - A. When he took the key out of our door, I got out of bed, and looked through the key-hole.

Q. Then you watched him all the time? - A. Yes.

Q. You could not see what passed in the other room? - A. I only saw him go into the room, and stay about a minute and a half.

Q. Did you ever see him flush of money? - A. No, I never took any notice of that.

Q. Did you never speak to him about going into that room? - A. No.

Q. You were not very well? - A. I was not very well.

Q. What induced you to go and peep through the key-hole? - A. To see what he was going to do.

Q. When he took the key out of the door, had you any suspicion? - A. No.

Q. Did you call to him? - A. No, I never spoke to him when he went out nor when he came in.

( Joseph Gilbert and - Harper, the officers that apprehended him, proved the cash he had about him when searched was one shilling and sixpence.)

Prisoner's defence. I have very little to say; the witness has given false evidence against me: I was not there on the 17th day of the month, I stopped at my own quarters, I went to look for my corporal, and we went from there to St. George's in the East, and drew billets; the corporal is here.

THOMAS FIELDS sworn. - Q. You are a corporal of this regiment? - A. Yes.

Q. On Tuesday the 17th did you see the prisoner? - A. Yes, I did see him on the 17th at Mr. Drury's; I did not draw billets.

Lieutenant Reynolds gave the prisoner a good character; said he had known him seven or eight years.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Hotham .

151. ROBERT HAZARD was indicted for feloniously stealing, on the 31st of December , a pocket-book, value 1 s. a 10 l. note and a 20 l. note for payment of money , the property of John Foley and Thomas Ward .

PETER FORSELLS sworn. - Q. What are you? - A. I am a cabinet-maker, and servant to Mess. Foley and Ward, in Wardour-street, Soho: On the 31st of December last, I went to Martin and Co.'s banking-house, in Lombard-street , between four and five o'clock in the afternoon, and not rightly knowing where the house was, I enquired of four well-dressed men; they told me higher up; in crossing the street, I had my pocket-book in my left-hand coat-pocket, and my hand also, I found there was another hand in my pocket, which snatched the book out; when I missed my pocketbook, I charged the prisoner with it, and told him he had got it; then he said, what are you going to rob me, and turned round, and gave me a clout of the head, and knocked me down, I caught hold of his coat, and found he rather got the better of me when I was down; I cried out, stop thief! hethen run away (and a great many people after him) up an alley where there was no thoroughfare; in running up that passage the constable took him.

Q. Are you sure it is the man? - A. To the best of my belief it is the same man; I only lost sight of him when he turned round the corner.

Q. You say they were well-dressed men - was he one of them? - A. Yes, I am sure he was one of them.

Q. Did you lay hold of his hand when you found a hand in your pocket? - A. No, I did not; I found another hand in my pocket; he was close to me; there was one on each side of me.

Cross-examined by Mr. Knapp. Q. I understood you said, to the best of your belief, he was the man? - A. He was the man that knocked me down.

Q. He knocked you down by reason of his charging you with a robbery? - A. No, I charged him with robbing me.

Q. Then he was angry with what you said? - A. Yes.

Q. There were a great many people passing in Lombard-street at that time no doubt? - A. I did not take particular notice then.

Q. You never found your property since? - A. No; I then went and stopped payment.

JOHN PARRY sworn. - A few minutes before five o'clock on Saturday the 31st of December, the prisoner was coming down Sweeting's-alley, (I was at the bottom of the alley) crying out, stop thief! I saw him sixty or seventy yards before he came to me; I was determined to stop him; he came up to me at the bottom of the alley; I caught hold of him by the collar; he pleaded his innocence, and said, the person had gone on, and that he was the person that cried out, stop thief! I secured him; the gentleman who had lost his pocketbook came up; I took the prisoner to the Compter, and searched him, and found one 2 l. note and a 4 l. note.

Cross examined by Mr. Alley. Q. You did not find the prosecutor's pocket-book with him? - A. No.

Q. He was rather quicker than the other? - A. Yes, he was the first that was running.

Q.They all cried out, stop thief? - A. No, not all.

Q.(To Forsells.) What were these notes? - A. They were a banker's check for 20 l. and 10 l. draft on Marun and Co. they belonged to Mr. John Foley and Mr. Thomas Ward .

GUILTY , aged 24.

Transported for seven years .

London Jury, before Mr. Recorder.

152. RICHARD ANDERSON was indicted for burglariously breaking and entering the dwelling-house of Joseph-Liversedge Tuck and Launcelot Tuck , about the hour of six in the evening, and stealing therein three silver watches, value 10 l. the property of the said Joseph-Liversedge Tuck and Launcelot Tuck .

JOSEPH-LIVERSEDGE TUCK sworn. - I am a silversmith , and live in the Haymarket; the corner of Little Suffolk-street .

Q. Do you remember losing some watches? - A. Yes, about a quarter before six on the 19th of January.

Q. Where were you at that time? - A. I was in my house drinking tea.

Q. Were you in the shop? - A. No, I was in the first floor, the shop is below; I heard a window break; I cried, stop thief! and ran down stairs through the passage into the street, and observed a pane of glass broke.

Q. What window was that pane of glass broke in? - A. The shop-window; it rained exceeding hard; I missed several watches from off the rods.

Q. Are the rods near the window? - A. The rods are close to the panes of glass in the shop-window; I looked on the pavement to see whether I could discover any of the watches missing; I discovered this (shews the watch) on the foot-path, near Suffolk-street; I put it in my pocket, and continued at the window to secure it; I ordered the boy to put the shutter up; Walter ran after the prisoner; he returned in about three minutes, and brought the prisoner at the bar in the custody of two men; he came back with them; I asked the prisoner for the other watches.

Q. Was that the first question you asked him? - A. No, the first question I asked him was, what was his name, and his family, as he appeared in a midshipman's dress; he would not tell me his name; one of the men told me he had thrown some thing away that jingled on the ground; then I asked him for the other watches, but he would make no answer. On taking off his glove from his hand I found it bloody; this is the glove (shews a glove); I found nothing on him but duplicates.

Q. Was it the right hand or the left? - A. The right hand glove was cut through and bloody, and his hand was cut and bleeding. A gentleman came in, and said, he was a captain of a man of war, he wished to converse with him; the gentleman wished to get his name; he said his name was Scott, that he came from Greenwich; I am not sure whether he said James or Thomas; he was taken then from thence to Bow-street before Sir Richard Ford , (where he said his name was Richard Anderson ) then he was committed.

Q. Have you found the other watches? - A.Only this one watch, which is the property of myself and partner.

Q. How many watches did you miss? - A. Three watches.

Q. Who lives in the house? - A. Myself and my brother; we both live in the house, we are both partners.

Q. What watches were there missing? - A. There was one silver hunting watch uncovered; the other was a silver hunting watch with a glass cover; this watch is a double-cased silver watch.

Q. Was it dark at the time you went down stairs? - A. It was dark; only from the light of the patent lamps we discovered this watch; it had been dark an hour and a half.

WALTER- WILLIAM WHITEMAN sworn. - Q. You are the apprentice of Mr. Tuck? - A. I am.

Q. Were you in the shop? - A. I was.

Q. Was any body in the shop besides you? - A. Yes, the errand boy.

Q. How long had you lit the candles? - A. About an hour and a half.

Q. While you were in the shop, did you observe any thing? - A. I was standing about three yards from the door, and heard the shop-window break.

Q. Did you observe whether the window was whole or broke before? - A. It was whole; I saw both his hands come through; they had gloves on.

Q. Did you observe any thing he did? - A. I saw him seize two rows of watches; I ran out of doors immediately, and saw him distinctly; he had a midshipman's uniform on.

Q. Did you see the figure of that person? - A. No, I cannot say that, only a person with a midshipman's uniform on.

Q. Did you observe the spot he run from? - A. Yes; he run from the further corner of the shop, from that corner where he had broke the pane; I saw a watch drop from him the moment he ran away.

Q. You did not observe any thing of him, excepting he had a midshipman's uniform on - you did not observe his person? - A. Yes, I observed his person, so as to know him again.

Q. Did you run after him? - A. I ran after him into Suffolk-street; I pursued him till he came to the corner of Spring-gardens, and did not lose sight of him; I kept him in view, and was not forty yards from him all the way.

Q. Did you catch him? - A. Two gentlemen caught him at the corner of Spring-gardens, I cryed out stop thief.

Q. Did you observe any thing more? - A. No.

Q. Is the prisoner the person? - A. Yes, I have no doubt; I brought him back to my master's shop.

THOMAS WIBB sworn. - I was coming from my work, it rained so fast I took shelter at Spring-garden-gate; while I was standing there I heard the cry of stop thief, I heard it repeated several times, I ran up Spring gardens to see what was the matter, when the prisoner turned the corner; Mr. Ward was coming along, and just as Mr. Ward came up on the right side, I came up with him; on my catching him by the collar, he moved his right-hand, I felt something touch the flap of my coat and jingle on the ground; I did not let him go to see what it was, I still kept hold of him; the prisoner is the person.

Q. Was he walking, or running? - A. Running in the middle of the coach-way.

SAMUEL WARD sworn. - I was going along Spring-gardens to go into the Park, hearing the cry of, stop thief! I turned myself round, and saw the prisoner running in the middle of the coach-road; I caught him in my arms, and, with the assistance of the last witness, I took him to Mr. Tuck's.

Q. You did not find any thing? - A. No.

Q. How long was it dark before that time? - A. It was a few minutes before six, a very rainy evening; it had been dark some time.

Q.(To Mr. Tuck.) You had one watch that you took up, what is the value of that watch? - A. It cost me three guineas and a half for the manufactory of it; I should sell it for that to the trade.

GUILTY , Death , aged 18.

First Middlesex Jury, before Mr. Baron Hotham .

153. JOHN KEMP was indicted for burglariously breaking and entering the dwelling-house of John Middleton , about the hour of eight o'clock, in the night of the 29th of January , and stealing therein five gowns, value 50 s. three petticoats, value 18 s. five pair of stockings, value 9 s. the property of the said John Middleton .

JOHN MIDDLETON sworn. - I live in Vine-street, Piccadilly , and am a black-lead pencil maker : The property was taken out of the garret at night, on the 29th of January.

RICHARD-LOVETT BROOKS sworn. - I live at No. 18, Glass-house-street, within eight doors of Mr. Middleton: On Sunday the 29th of January, as I was sitting by the fire-side, I heard a noise in the next house, which is an empty house belonging to me; I went down, on hearing this, and listened at the key-hole of the door of the empty house, and was convinced there was some one in the house; I went to that part of the shop where a board had been nailed, I saw it had been removed and was put up again loose; I stepped back, and had no sooner got to my own door, than four men rushed out of the empty house at the door, with each a large bag or bundle on his shoulder; I immediately called out stop thief, and sprang upon the prisoner, and seized him, with a black bag, which I have got; it was about five minutes after eight o'clock in the evening; he was taken to the watch-house.

Q. Have you got the things that were in the bag? - A. Yes; here are the things. (Produces them.)

CHARLES HAYES sworn. - I got these things at the watch-house; I have had them ever since.

Mr. Middleton. (Looks at the things.) Mrs. Middleton knows all the property; I know this gown, I bought it for my daughter.

CATHERINE MIDDLETON sworn. - (Looks at the things.) - They are all my property; they were in the drawers in the front garret.

Q. How far is this empty house from your's? - A. About eight or nine doors from the corner; I went up stairs at eight o'clock, and found the door barricaded with a table and chairs; when I went in the room, I found the garret window open; I had left it shut.

JOSEPH JOSCELIN sworn. - I live in Glasshouse-street: On the 29th of January, about three minutes after eight o'clock, I went to Mr. Brooks's, and perceived him watching the empty house; accordingly I watched, and shortly after, my suspicion was confirmed by four men coming out; we immediately gave the alarm; we seized one, he had a black bag on his back; I saw the bag taken to the watch-house; the prisoner is the identical person.

JOSEPH DOWNER sworn. - I saw the four men come out; the prisoner was one, he had a black bag on his back.

Q.(To Middleton.) How much may those things be worth? - A. Ten pounds.

GUILTY,

Of stealing to the value of 39 s.

First Middlesex Jury, before Mr. Baron Hotham .

154. JOHN KEMP was again indicted for burglariously breaking and entering the dwelling-house of George Parker , on the 29th of January , and feloniously stealing therein a black silk laced cloak, value 3 l. one waistcoat, value 5 s. four shifts, value 12 s. a petticoat, value 6 s. two gowns, value 20 s. twelve yards of sarsenet, value 30 s. one table-cloth, value 7 s. and three yards of muslin, value 5 s. the property of the said George.

GEORGE PARKER sworn. - I live at No. 33, Vine-street, Piccadilly ; I am a house-keeper: On Sunday, the 29th of last month, I was at home; Mr. Brooks came to me with Mr. Middleton, and advised me to search my house; I live next door to Mr. Middleton; the empty house is eight or nine doors from my house.

Q. What time did Mr. Middleton come to your house? - A. Rather before nine.

Q. On their coming, did you search your house? - A. I did, it was the front garret; the key was removed from the outside to the inside, and double-locked on the inside; Mr. Middleton broke it open; we found the room in great confusion; the locks were torn off the drawers.

Q. Did you miss any thing? - A. The bed-quilt was taken away; there were the marks of naked feet and toes on the floor, as though somebody had been there without shoes.

Q. Did you observe the window of that garret? - A. It seemed to be pulled to, it was not fastened.

Q. When had you been in that garret before? - A. I am not sure; the morning after that I went to the watch-house, and there I saw two parcels; they were tied up and sealed.

CATHERINE PARKER sworn. - Q. What time of the day had you been in that room? - A. About eleven o'clock.

Q. In what state was the window at eleven o'clock? - A. It was shut, because of the wet weather; the casements were shut, and fastened with a button.

Q. How were the shutters? - A. The shutters were not fastened, but shut.

Q. When you went up that night, did you miss any thing? - A. Yes; there were three locks broke, and a black silk laced cloak gone, and other things.

RICHARD BROOKS sworn. - Q. You have an empty house in this neighbourhood? - A. Yes, next door to my own.

Q. What do you know of this robbery? - A. About ten minutes after eight o'clock, I heard a noise; I went down and listened at the door, and saw four men come out with bundles.

Q. Was the prisoner at the bar one of them? - Yes; he had a bag on his back; I seized him.

Q. You took him to the watch-house? - A. I did.

Q. Did you go afterwards to the house of Mr. Parker? - A. On looking over the things, I saw a waistcoat of Mr. Parker's, which I frequently saw him wear; I immediately went to Mr. Parker's.

JOSEPH JOSCELIN sworn. - Q. Where do you live? - A. I live in Glasshouse-street.

Q. What do you know of this robbery? - A. About ten minutes after eight o'clock, I saw Mr. Brooks watching at the empty house; I went to him, and in about a quarter of an hour after that, four men came out of the empty house; the prisoner was the last.

Q. Is that empty house Mr. Brooks's? - A. Yes, it is the next door to his dwelling-house.

Q. Had the prisoner any thing with him? - A. Yes, a black bag at his back.

Q. You helped to seize him? - A. I did, and helped to take him to the watch-house.

ELIZABETH BELCHER sworn. - Do you live in Mr. Parker's house? - A. Yes.

Q. Do you lodge there? - A. I do not sleep there; I am there every day.

Q. Do you recollect being there on the 29th of January? - A. Very well.

Q. Do you know the front garret? - A. I was there at six o'clock that evening.

Q. Was it quite dark that evening? - A. Yes, it was; I went up for a silk handkerchief.

Q. At that time did you open the door with a key? - A. Yes.

Q. When you went out again, did you lock it, and leave the key on the outside? - A. Yes.

Q. Was every thing in order at that time? - A. Every thing was quite safe; I shut the shutters at the same time, and the casement was fastened with a wooden button to keep it to; the shutters would not fasten; I was not in that garret that night afterwards.

CHARLES HAYES sworn. - I am an assistant to the beadle.

Q. You were in the watch-house when the prisoner was brought there? - A. Yes.

Q. You took charge of him? - A. Yes.

Q. Did you take charge of a bundle in a black bag? - A. Yes.

Q. What did you find upon the prisoner? - A. I found a little ivory egg, containing a silver thimble, belonging to Mrs. Middleton.

Q. Have you had them in your care ever since? - A. Yes, they were delivered to me.

Q.(To Brooks.) When you seized the prisoner, you said he had a black bag on his back; did the other men go off with their bundles? - A. Upon my attacking the last one, the prisoner, I saw the bags drop from the back of the other men, when they all came out together; on my laying hold of the prisoner, all the other people ran away.

Q. Who took up the bags? - A. I took up the bags, I secured them.

Q. Who saw them taken to the watch-house? - A. I did, I put my seal on them.

(The bag was shewn to Mr. and Mrs. Parker.)

Mr. Parker. There is a waistcoat and a damask table-cloth that is mine.

Q.(To Mrs. Parker.) See if there is a black silk cloak trimmed with lace? - A. It is mine, I have wore that cloak seven years.

Q. What is the worth of it now? - A. It is worth three guineas now.

Q. Are there four yards of black sarcenet, and a piece of muslin? - A. Yes, and four shifts.

Q. Do you know the piece of muslin? - A. Yes, I have made a frock out of it; I had that remnant left.

Q. There is a table-cloth and petticoat? - A. They are all mine.

Prisoner's defence. I was returning home, and as I was passing by that house, one came out and pushed me down, and before I got up again, I was seized by Mr. Brooks; I do not know any thing at all about it.

GUILTY , Death , aged 17.

First Middlesex Jury, before Mr. Baron Hotham.

155. JOSEPH KITSON was indicted for feloniously stealing, on the 1st of February , seventeen ounces of black tea, value 2 s. the goods and property of the United Company of Merchants trading to the East Indies .

THOMAS NORBADY sworn. - Examined by Mr. Knapp. Q. You are an elder of the East India Company's warehouse, in Jewry-street, Aldgate ? - A. I am.

Q. Was the prisoner a labourer there? - A. Yes; On the 1st of February, when he was going away, I rubbed him down, and found some tea upon him; it was concealed inside at the bottom of the waistband of his breeches.

Q. How much? - A. Seventeen ounces; he said very low to himself, O Christ, when I found it; I believe it was the Company's tea; I saw him in the yard, and there I searched him; he was coming out of the warehouse.

- LAURENCE sworn. - Examined by Mr. Knapp. I am an officer, and was sent for; I have had the tea in my custody ever since; it is black tea; I had it in a canvas bag.

Prisoner's defence. I picked it up in the yard, and put it in my bosom, and it was taken from me when I came out of the yard.

GUILTY , aged 49.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

156. JOHN PERRY was indicted for feloniously stealing, on the 28th of January , a box, value 4 d. three quarts of a certain medicine called Godfrey's cordial, and thirty-nine three-halfpenny stamps , the property of Thomas-Stallard Penoyree .

EDWARD ROBERTS sworn. - I am a patrol of Portsoken Ward, and stopped this man on the 28th of January, between the hours of six and seven in the evening; he had a little box under his arm; I asked him what he had got there; he told me drugs; he said he was going with it to Whitechapel; he would not tell me where he lived; he said he brought it from the Borough, and that a man gave it to him beyond London-bridge; that he was to meet him at the Ten Bells, in Spitalfields; I stopped him on suspicion, and took him into custody, and ordered him to give an account how he came by the box; I searched the box, and found three quart bottles full of a liquid, of what I cannot tell. (The witness looks at the box, and identifies it.)

HENRY KNIGHT sworn. - I am a porter, and I work in the warehouse of Mr. Penoyree, chymist and druggist , No. 17, Leadenhall-street ; I packed this box on the 28th of January, and put three dozen and three bottles in it; I put the box on a puncheon in the shop opposite the door; I cannot say when it was taken away; I did not see it till the next day, when the man brought it; I put it in the shop about twelve o'clock on the 28th of January; I am sure it is the box.

HENRY ROBERTS sworn. - I am a servant of Mr. Penoyree, and know this to be the box that used to come out of the country to be served withGodfrey's cordial; I know it to be the same box by the hand-writing upon it.

THOMAS-STALLARD PENOYREE sworn. - I know nothing but what the witnesses have told you; I never saw the box in my life; the value of it, as charged to customers, is eighteen shillings.

Prisoner's defence. I have been out of work for some time; I met a man in the Borough; he asked me if I was willing to earn a shilling; he told me if I would carry that box to the Ten Bells, in Spitalfields, he would give me a shilling.

GUILTY , aged 46.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

157. WILLIAM-PURCHASE RATCLIFFE was indicted for feloniously stealing, on the 4th of February , 84 lb. of copper , the property of Francis Kinman .

(The case was opened by Mr. Gurney.)

FRANCIS KINMAN sworn. - Examined by Mr. Gurney. Q. You are a founder ? - A. Yes, in Shoe-lane ; the prisoner at the bar was a carpenter ; he had been in the capacity of looking after the machinery for two years and a half; I have a number of cakes of copper piled up in stacks; these cakes of copper are as they come from the East India Company's warehouses.

Q. What is the value of one of these cakes of copper? - A. They are worth about four guineas; they are about three quarters of a hundred weight; they are in circumference sixteen inches by ten.

Cross-examined by Mr. Knapp. Q. Have you any partners? - A. No.

Q. You say you have known this man for about two years and a half? - A. I have known him from a lad.

Q. There are two persons of the name of Hinton - how long have they been with you? - A. One has been about twelve months, and the other about six months.

Q. Have neither of those been turned away from you? - A. I discharged Thomas Hinton for some irregularity about two or three days ago.

Mr. Gurney. Q. Was it any thing regarding his dishonesty? - A. No.

HENRY POWELL sworn. - I am a servant of Mr. Kinman.

Q. Were you on Saturday the 4th instant, with other servants, waiting at the accompting-house to be paid? - A. Yes, between seven and eight in the evening; I was waiting in a place called the Stone-kitchen.

Q. Were there any stacks of copper in that kitchen? - A. There were four stacks of copper in that kitchen; the prisoner was the 4th person in the list to be called; he went out, and missed his call.

Q. Did you see the prisoner do any thing? - A. I saw him take a cake of copper up in both his hands, and put it under his coat, and going out of the door he struck against the door-post, which threw his coat back; I saw the copper quite plain.

Q. How many persons were there when you saw him take it away? - A. There were seven men and seven boys; I mentioned it to William Hinton and to his brother; we all three saw him take it; when the prisoner went away we told Mr. Robinson, the clerk. The prisoner returned in about ten minutes afterwards; we then were in the accompting-house; when he saw us come out of the accompting-house, he seemed to be confused, and asked what was the matter; we made an excuse, and said that master had been talking about our idling our time; he went away the second time without stopping to be paid, and then he came in after that, and was taken into custody.

Cross-examined by Mr. Knapp. Q. You first of all saw him take 84 lb. of copper? - A. Yes.

Q. How many saw him take it besides you? - A. Only three.

Q. I understood you to say that seven men and seven boys were there that saw him take the copper? - A. No, I said they were waiting to be paid.

Q. How far were they from the stack? - A. As far as I am from you.

Q. They had an opportunity of seeing it - whether they did or not, you know not? - A. No.

WILLIAM HINTON sworn. - Examined by Mr. Gurney. Q. Were you with the other men and boys on the night when the prisoner was taken into custody? - A. Yes.

Q. In consequence of what Powell said to you, what did you see the prisoner do? - A. Powell called to me, and told me the prisoner was ratling the copper about on the stack; I saw him try to lift the copper up; he lifted it up, but did not take it away; some time after I saw him take it up, and put it under his coat, and running by the door, he struck the copper against the doorpost; the flap of his coat flew back; I saw the copper quite plain.

Cross-examined by Mr. Knapp. Q. There were many more men and boys there besides you and Powell? - A. Yes.

Q.They might have seen all this as well as you? - A. They might have seen as well as us, if they had been looking towards it, it was plain enough.

Q. How long have you lived with your master? - A. About eight months.

Q. How long has your brother? - A. I can speak only for myself.

THOMAS HINTON sworn. - Examined by Mr. Gurney. Q. Were you in the Stone-kitchen on the evening of the 4th instant? - A. I was; I sawthe prisoner put a cake of copper under his coat; he went out of the door with it, and going out, he ran against the door.

Cross-examined by Mr. Knapp. Q. You have not been on very good terms with the prisoner? - A. I do not know but we were.

Q. He never made any complaint to your master of you? - A. Not as I have known.

Q. Do you recollect your being discharged from your master? - A. Yes; I was discharged one evening, and went to work the next day.

Q. Were not you kicked out of the yard for quarrelling with that man? - A. I was.

Jury. (To Powell.) Q. How high were the stacks of copper? - A. They were about three feet from the ground.

The prisoner did not say any thing in his defence, but called five witnesses, who gave him a good character.

NOT GUILTY .

London Jury, before Mr. Recorder.

158. SARAH DEGROTT was indicted for feloniously stealing, on the 9th day of February , two ounces of black silk, value 9 d. and six bobbins, value 6 d. the property William Titford and Joshua Brookes .

(The case was opened by Mr. Gurney.)

JOSEPH THORNTON sworn. - Examined by Mr. Gurney. I am clerk to Messrs. Titford, Brookes, Lemaire, and Co. Union-street, Spitalfields ; the prisoner at the bar has been a warper employed by the partners: On the 9th of this month, I was weighing out some silk to the prisoner, and had occasion to go out of the warehouse two or three times; when I returned, I found a deficiency in the silk that I left in the scale of four ounces of black silk; there had been no other person in the room but the prisoner; I took no notice, but opened the door, and desired her to walk in the warehouse adjoining; she went not willingly; she turned round, and seemed as if she wanted to turn it out of her pocket; when her pocket was searched, there were found five bobbins of white silk; I asked her how she came by it; she said it was some lessures she had forgot to bring back a fortnight ago, and so she had brought it now; I told her it was not that sort of silk; she had none of the silk I found in her pocket since the 3d of December; I went back; I found her bag laying by the scale; Mr. Titford and Mr. Lemaire came with us; Mr. Titford took up the bag, and shook it, and when it was opened, there were six bobbins of silk found in it, five of black, and one of white; we asked her how they came there; she said she supposed they dropped out of the scale into the bag.

Q.Could that have been? - A. No; I was very particular in it.

Cross-examined by Mr. Knapp. Q. I understood, you let your warpers take a number of bobbins away to work them up at their houses; now, suppose last Wednesday she had so many bobbins, she ought to bring them back perhaps on Saturday, and perhaps they may not bring them home till Monday; they may not always bring them home at the exact time? - A. They always do, or should do.

Q. Now the bobbins that she had in her pocket, she might be mistaken as to the time, whether it was a fortnight, or three weeks, or two months; when you went to look at the bag, was the mouth of the bag next the scale? - A. I cannot say; Mr. Titford shook the bag before I could notice it.

Q. Whether they were at the top at first, you cannot say, Mr. Titford might have shook them to the bottom; was the mouth of the bag open or shut? - A. I cannot say.

Court. Q. How much does your scale hold? - A. It will hold two hundred bobbins very well, without any danger of falling out.

Mr. Knapp. Q. Was any white silk delivered to the prisoner? - A. About two months before.

Court. Q. When you deliver the silk, you weigh it out to your workwomen, and when they bring it back, you weigh it again? - Yes, but we are not particular to half an ounce, and sometimes they keep it a week; we give them another day, when they cannot finish it.

Q. You do not give them two months? - A. No.

EDWARD TITFORD sworn. - Examined by Mr. Gurney. Q. You are son to the prosecutor? - A. Yes.

Q. On the prisoner being brought to the room where you were, did you see any white silk that was found in her pocket? - A. Yes, five bobbins of white silk.

Q. You then went and examined the bag? - A. I took the bag up with both my hands, and opened the bag at the counter; I opened the bag, and said, here they are, and took out five bobbins of black and one of white silk.

Q. Was your scale like any thing full? - A. No, the scale is a very large scale, it is totally impossible; (Mr. Titford looks at the bobbins, and identifies them); the value of the six bobbins found in the bag is about six shillings, the value of the five bobbins of white silk found in her pocket about three shillings.

Q. You do not sell any silk in that unmanufactured state? - A. Never in that state.

The prisoner called six witnesses, who gave her a good character.

GUILTY , aged 24.

London Jury, before Mr. Recorder.

159. WILLIAM TWEED was indicted for feloniously stealing, on the 18th of January , two coats, value 2 l. a pair of breeches, value 5 s. two shirts, value 5 s. two pair of stockings, value 2 s, one pair of shoes, value 1 s. 6 d. sixty penny-piecetwenty-four halfpence, and two shillings in silver , the goods and monies of John Scott .

JOHN SCOTT sworn. - I am a shoe-maker , and live at No. 5, Silver-street, Sun-street ; the prisoner is a shoe-maker ; we lodge together in one room: I lost the things mentioned in the indictment on the 18th of January; I went out about twelve o'clock, and returned in about half an hour, I found the prisoner was gone; I left him in the room when I went out; I saw the prisoner's breeches on the bed, and his shoes by the bedside; I went and searched for the prisoner, but could not find him till two days after; I gave him in charge to an officer; the officer took him down to Worship-street, there he searched him, and found two duplicates upon him, one waistcoat on his person, and a pair of breeches, one shirt, two pair of stockings, one pair on, and the other pair in a little bundle, it was all my property. (Looks at the things, and identifies them.)

Prisoner. Q. The things that you swear are your's, are not your's; you have seen me with the same clothes on my back before? - A. They are mine; I never saw them on your back before you were in custody.

WILLIAM HALLAM sworn. - I am a constable; Mr. Scott's brother came to my house, and told me, he had brought a young man that lived with his brother that had robbed him, and he waited at my house with the prisoner, till his brother, the prosecutor, came to identify him; when he came, we took him to the Office, and searched him; we found the things mentioned by the witness before.

THOMAS STILES sworn. - I am a pawnbroker in Barbican, and produce a coat pawned at my shop; I do not recollect the person that pawned it.

Prisoner's defence. I purchased the duplicate of that coat of a sailor; he lives in Sun-street, Spitalfields.

GUILTY , aged 22.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

160. JAMES BARBER was indicted for feloniously stealing, on the 15th of November , sixty glass bottles , the property of Joseph Appleton .

(The case was opened by Mr. Gurney.)

JOSEPH APPLETON sworn. - Examined by Mr. Gurney. I live at Tottenham .

Q. Was the prisoner in your service? - A. Yes; I know nothing of this business myself; I received some information from one of my servants, the gardener.

ANN WALLIS sworn. - Examined by Mr. Gurney. Q. Are you in the service of Mr. Appleton? - A. Yes; I put the bottle-rack to rights on the beginning of October; several times after that, I missed several dozens at once; the day after I missed them, I said to the prisoner, don't you think the bottle-rack shrinks; he said, no.

Cross-examined by Mr. Alley. Q. How long have you lived in the service of Mr. Appleton? - A. Eight months.

Q. I suppose you have lived with the prisoner on good terms? - A. Yes.

Q. You never reckoned the number of bottles? - A. No; I put the bottle-rack to rights; after I found there was a great number gone, I mentioned it to the gardener, and the gardener told my master.

- HOLT sworn. - Examined by Mr. Gurney. Q. Did you happen to go by the back part of the premises of Mr. Appleton? - A. Yes, on the 15th of November, on my returning home on visiting some patients, going up the lane near Tottenham High-cross, I observed a man with an ass with two panniers, and a woman within side of the hedge in Mr. Appleton's fields; she was taking bottles from under the hedge, and giving them to the man in the lane; on my approaching, the woman squatted down under the hedge, to prevent my seeing her. I had occasion to stop in the course of a hundred and fifty yards to see another patient, from whose chamber-window I had a full view of the premises; I observed the prisoner to come back from Mr. Appleton's premises with bottles under his arm, and he gave them to the woman; she gave them to the man with the ass; he put them in his panniers, and then she gave something in return to the prisoner, which I saw him put in his left-hand waistcoat-pocket.

Prisoner's defence. I am not guilty.

GUILTY , aged 28.

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

Second Middlesex Jury, before Mr. Recorder.

161. JANE PHILLIPS was indicted for feloniously stealing, on the 7th of February , a gold watch-case, value 40 s. the property of Morris Tobias and Myer-Isaac Tobias , in the dwelling-house of Elizabeth Tobias .

MORRIS TOBIAS sworn. - I live at Bell-dock, Wapping; I am a watch-maker and silver-smith .

Q. Have you a partner? - A. Yes, his name is Myer- Isaac Tobias .

Q. Have you an apprentice? - A. Yes, his name is Isaac Tobias .

Q. Do you recollect sending him to fetch or carry a watch-case? - A. I did not send him, I believe my partner did; I heard nothing of it till I heard the case was found.

ISAAC TOBIAS sworn. - I am an apprentice to the last witness and his partner: On Tuesday, the 7th of February, about half past one o'clock I believe, I was sent to one of our men of the name of Smith, he lives in Holborn, for a gold insidewatch-case, called a box; I received the case from him, and put it in the inside pocket of my great coat; I then went to two or three places in Clerkenwell to others of our workmen, and from thence to Pentonville to my grandmother to dinner; it was then about half past two o'clock. When I got there, I pulled off my great coat; I am not certain whether I hung it on the hook in the passage, or threw it over the bannisters of the stairs; I felt for the watch-case before I went through the garden-gate, it was there then; I staid at my grandmother's about four or five hours; it was near eight o'clock when I went away. I went from thence to Bell-dock; I put my great coat on before I went out; I cannot recollect whether I took it from the hook in the passage, or from the bannisters, I took it down myself. I did not miss the watch-case till the next morning; then I went and pulled down my great coat, and looked for it, I found it was gone; I had not an opportunity of going to Pentonville that day, but the day after I went. I went down stairs to the servant, the prisoner lived with my grandmother, and told her I had lost a gold box, and asked her if she had seen it; I explained it to her what it was; I told her she might have found it amongst the dust, and if she had, or did, I would give her three guineas; she said she had not seen it. I got one made four days after that; I went down stairs, and shewed it her, and told her that was the pattern of the one I lost; she said she had not seen it; I never saw it afterwards.

Q. Are you sure that you had felt it in your pocket on going into your grandmother's garden-gate? - A. Yes, I put my hand in, and felt it.

Q. When you went home from your grandmother's, did you never put your hand in to feel it was safe? - A. No, I had my two brothers arm in arm with me; I never told my master; then I got another made to supply its place.

Q. What was the value of the gold box? - A. The original value of the gold box lost was five pounds seventeen shillings; the one I got made cost five pounds five shillings and ninepence.

Q. What was the weight of the one lost? - A. This one I had made was the weight of the other lost - one ounce three penny-weights; I had no conversation with the prisoner after that.

Prisoner. Q. When you came down stairs to me, it was on Wednesday? - A. It was on Tuesday.

Prisoner. (To Court.) He asked me whether I had such a thing as a gold box; I asked him if he had lost one; he could not tell whether he had lost one, or no.

THOMAS WATTS sworn. - I live at Battle-bridge, and keep a horse and cart; I knew the prisoner about a month before Christmas, my wife has known her longer: One evening the prisoner came to our room about seven or eight o'clock; I was in bed, we have but one room, my wife was there; she asked us how we did, and said, she was going for some treacle; she said, see what a find I have had, mistress, the other night; she said she had been to town that night the snow fell with her young mistress, or her mistress, I cannot say which; she told us she found the case by the Blue Lion, coming down Gray's-inn-lane; she saw something lay by the snow, she kicked it with her foot, and heard something rattle; she stooped, and picked it up; it happened to be this case or box. She said, she shewed it to Mr. Todd, the cheesemonger, in Battle-bridge, Mr. Todd looked at it, and said, he thought it was not gold. After that, she said she shewed it to a man that keeps a potato-warehouse, he cut it with a knife, and said, he thought it was gold; she asked me if I would sell it for her, as she had no opportunity of getting out; if I would, she would satisfy me for my trouble. I asked her if it had been advertised; she said, no, it had not; I asked her if her young mistress was present when she picked it up; she said she was.

Q. You don't know when it was? - A. No; to the best of my knowledge it is about five weeks ago or thereabouts; it was in two pieces, it was not rivetted; I took it to the Maidenhead public-house, Battle-bridge, two days after, and asked the landlord if he had seen an advertisement of a gold watch case; he said, no, have you found one; I said, no; there was a gentleman in the house reading the newspaper, and I shewed it to him. After that, I took it home again, and kept it there for three or four days; I sold it at last to a Jew in Chancery-lane for one guinea and a half. I brought the money home to my wife; I never saw the prisoner after that till I saw her at Hatton-garden.

ELIZABETH WATTS sworn. - I am the wife of the last witness; I have known the prisoner about four or five years: The prisoner brought the gold watch case to me sometime after Christmas, I cannot tell the day exactly, it was in the evening; when she came, she said, see what a find I have had, and shewed me a gold watch case; I shewed it to my husband, because she had shewed it to the potato-warehouseman, and he thought it was gold, and Mr. Todd, the cheesemonger, thought it was not; she asked my husband if he would sell it for her; she left it in my care, and I put it in the drawer; I shewed it to a Mrs. Forbes, and put it in the drawer again; I gave it to my husband to sell it for her; my husband sold it, and brought me the money. She came three or four times to see if I had sold it; I carried the money to the potato-warehouse in Pentonville, which she told me to do; I did not carry the guinea and a half; she told me to take four shillings, I took three shillings and sixpence; she came afterwards, when she came to Mr. Todd for eggs, but she did not say any thing about the money.

Q. Do you know the Blue-lion, in Gray's-Inn-lane - is it not the high road to Battle-bridge? - A. It is the carriage-road.

- GOODALL sworn. - I am a constable, and was sent for to Mrs. Tobias's: I searched the prisoner there, and found nothing upon her but one halfpenny; I asked her what she had done with the gold box; she said she had sold it to three Jews for a one pound note.

Q.(To Isaac Tobias .) Which way did you go from Clerkenwell to your grandmother's? - A. Across the Spa-fields.

Q. Do you know the Blue-lion public-house, in Gray's-Inn-lane - did you go by that way? - A. No, I did not go near it; I went down Rosoman's-row.

Q. On going home that night to Bell-dock, Wapping, did you go near Gray's-Inn-lane? - A. I went right down the City-road.

Prisoner's defence. I found this gold box case, on the first beginning of the snow, in Gray's-Inn-lane; I have no witnesses at present, but I expect a lady and gentleman soon.

GUILTY, aged 18.

Of stealing only .

Confined one month in the House of Correction ,

Second Middlesex Jury, before Mr. Justice Le Blanc.

162. GEORGE CHARLESWORTH was indicted for feloniously stealing, on the 28th of January , six dozen of blue metal spoons, value 2 s. the property of Mary Anderson .

GEORGE GILBERT sworn. - I live with Mrs. Anderson, a pewterer : On the 28th of January, I saw the prisoner go down stairs into the lower shop, Mr. Anderson, my mistress's son, told me to go down and see what he was about; I went down, and found him in the lower shop standing still, presently I saw something in his hand; I asked him what it was; he said he had nothing; I was standing behind him; I went up to him, and took the spoons out of his hand, and counted them, and found there were six dozen; I took them and brought them up stairs; I am certain he had taken them from up stairs, they are never kept below.

Q. Had you seen them that evening yourself? - A. I really cannot say, because there are so many; I am clear he took them from up stairs, because I followed him down stairs directly; I asked him what he was going to do with them; he said he wanted two or three.

Q. Could he hold six dozen of spoons in his hand? - A. Yes; they are papered up, and tied. (Produces them.)

Q. They are new spoons - do you know them to be your mistress's? - A. They never were used; I know they are our make.

Q. What is the value of them? - A. I cannot tell, Mr. Anderson can.

- ANDERSON sworn. - (Looks at the spoons, and identifies them.) They are worth two shillings.

Q. You are the son of Mrs. Anderson, the widow? - A. Yes.

Q. Are you in partnership with her? - A.No. I sent the last witness down after him, and saw him brought up; the last witness brought the spoons to me at my writing-desk, and said he took them away from George, the prisoner.

GUILTY , aged 19.

Confined one month in the House of Correction , and fined 1 s.

Second Middlesex Jury, before Mr. Baron Hotham .

163. JOHN GANTY and CHARLES MARTLAND , were indicted for burglariously breaking and entering the dwelling-house of Elias Simmons and Abraham Simmons , about the hour of nine in the evening, on the 21st of December , and burglariously stealing seven watches, value 8 l. the property of Elias and Abraham Simmons .

ELIAS SIMMONS sworn. - I am in partnership with my brother, we keep a shop in St. Martin's-lane ; Mr. Bannister keeps the house, he is a calenderer, we have the shop, and two rooms above it, we pay him fifty guineas a year for them; Mr. Bannister has the rest of the house, but the whole of the house belongs to Mr. Bannister, he keeps the house and pays the taxes: On the 21st of December, I went out about twenty minutes before nine o'clock, and left all safe then; I returned home about nine, and saw the window broke, and all the watches missing; I had seven watches in the window, and an old one, which made eight, they were the property of me and my brother; when I went out I left our workman in the shop, I was informed he went out soon after I did; when I came home, I saw some part of the glass of the window out, and smeared with blood; the watches were in a shew-glass, that opens with a bar, that hung against the window, when a window is broke any body may get at them. I went into the shop, and asked my wife if she knew any thing about it; she said, no; she had been in the parlour at the back of the shop at the time it happened; I looked at the window again, and found another pane broke in the same sash; in the other corner, I found the silver eye-glass, and several articles of jewellery, were gone; about a month after, I had some information, I then went to the office in Bow-street; the officer took me to a house in Clare-street, Clare-market, there I found a silver watch I had lost the night I was robbed; the officer found another of my watches in Ganty's box.

JAMES LIMBRICK sworn. - I am an officer; On the 2d of February, I apprehended Martland at his father's house, I found nothing there; I went and searched Ganty's lodgings, and found a watchthere, in the prisoner's box, belonging to the prosecutors.

RICHARD LIMBRICK sworn. - I am an officer: I went to Watson's house, and found this watch there, hanging up in the one-pair of stairs room.

EDWARD WATSON sworn. - I bought this watch of Charles Martland on Christmas-day, or the Sunday before; I gave him one guinea; I bought it at my own door, with the consent of my father, and told him what I gave for it; Martland told me it was Ganty's watch; Martland has a good character; he is a plater .

(Mr. Simmons looks at the two watches, and identifies them.)

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

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Le Blanc.

164. MARY SAMPSON was indicted for feloniously stealing, on the 17th of January , between the hours of eleven and twelve at night, four sheets value 18 s. four table-cloths, value 12 s. four shifts, value 8 s. two women's bed-gowns, value 5 s. three petticoats, value 15 s. a muslin gown, value 8 s. six caps, value 6 s. a pair of pockets, value 6 d. six pair of stockings, value 6 s. four neck-handkerchiefs, value 5 s. a pocket-handkerchief, value 6 d. and two silver spoons, value 3 s. the property of John Martin .

JOHN MARTIN sworn. - I am a gardener , and live at Mill-Bank : I am only come to prove the property.

WILLIAM NEALE sworn. - I am a watchman: On Wednesday morning, between the hours of twelve and one, the 18th of January, I saw the prisoner in Mill-Bank street, sitting on the steps of a door; it rained very hard; she had a bundle under her cloak; I went up to her, and asked her what made her sit there; she said she came off the Bank; she had been washing at a laundress's, was tired, and could go no farther; I took the bundle from her, and put it in my box.

Q. Did she go away? - A. Yes; she went away, and promised to meet me the next morning at the watch-box; said she would call again for the things before seven o'clock; I went off the watch at seven o'clock; she did not come as she had promised; the next day I took the things to the Justice in Queen's Square; I delivered them up to one of the officers there; she came to me on Wednesday night at the watch-box for the things, and I took her into custody.

THOMAS REDHEAD sworn. - On the 18th of January the watchman came to me, and informed me he had some wet linen; I took charge of it.

EDWARD GREEN sworn. - On Wednesday night, the 18th of January, between the hours of nine and ten o'clock, William Neale , the watchman, came to me, and told me the prisoner had robbed somebody; I took her into custody; and going along to the watch-house she gave me two spoons.

JAMES LYE sworn. - On the 18th of January I received information of Mr. Martin that he had been robbed of a quantity of linen, and going up to the office I heard there was a bundle there in the hands of Redhead; I immediately applied to Mr. Martin, and told him I had discovered part of his property; I desired him to come down to the Magistrate; the prisoner was not in custody that night; it had been put in water, and very dirty; and began to stink; I thought the property not fit to be put into the hands of any one, so my wife condescended to wash it.

THOMAS FULLER sworn. - I am a servant to Mr. Martin.

Q. Were you at home on the night of the 17th of January? - A. I was; I fastened the wash-house door about ten o'clock: I did not get up the next morning till about eight o'clock; the wash-house adjoins the house; there is a little loft above it, tiled over.

MARY WEBB sworn. - I am an unfortunate girl: the prisoner gave me a table-cloth to pledge, some day last month, I cannot recollect the day; I saw her but once before; I met her in Whitcomb-street; she asked me if I could tell her where she could sleep; she said she was turned out of her lodgings; I told her there were several in the street she could have for money; when she came to the house she said she had no money; she left her petticoat in pawn with the master of the house for her lodging; the day after I saw her coming down stairs in the same house; she told me she had been to her aunt's, and her aunt had given her some butter, eggs, cheese, and meat; her aunt, she said, was going to advertise for a place for her; she said she was very tired the night before, (this was on a Wednesday, I believe about nine o'clock in the morning,) and had lost her shoes; she said she had no money; had left a bundle of dirty things with the watchman, and asked me if I would pledge a table-cloth for her, to pay the watchman, and get her shoes.

Q. What table-cloth was it? - A. A large one.

Q. What did she say about the watchman? - A. She said she left the bundle of dirty things with the watchman the night before, because she was so tired; I pawned the table-cloth in Long-Acre for 8 s. and gave her the money.

WILLIAM GOODENOUGH sworn. - I was constable of the night on the 18th of January; the prisoner was brought to me on a charge of a robbery; I searched her, and found some articles and an umbrella in her hand, and a cloak which she had on; I went up to the house where she lodged, and there I found another cloak; Mr. Green wentwith me to the pawnbroker's, and took out the things that were pledged, at Mr. Cording's, Green-street, Leicester-fields.

THOMAS MARTIN sworn. - I live with Mr. Cording, a pawn-broker, and produce a tablecloth that was pawned for 8 s. and a tea-spoon, for 2 s. I don't know the prisoner; it was pawned by the witness Webb, in the name of Mary Saunders; I believe it was in the morning of the 18th of January.

ELIZABETH HARRIS sworn. - I am a washerwoman, and went to Mr. Martin's, on Wednesday morning, about two o'clock; I found the gate and wash-house door open; I thought the maid was up.

(Mr. Martin looks at the articles stolen, and identifies them all, excepting the cloaks; values them at between 4 and 5 l.)

The prisoner did not say any thing in her defence.

GUILTY, aged 22,

Of stealing only .

Transported for seven years .

London Jury, before Mr. Baron Hotham .

165. DANIEL BARRY was indicted for feloniously stealing, on the 13th of February , 4 s. 6 d. and two Bank notes, value 2 l. the property of Samuel Smith .

GEORGE STONE sworn. - I am a porter to Samuel Smith , stationer , No. 5, Postern-row, Tower-hill : the prisoner was a journeyman bookbinder to Mr. Smith: last Monday the prisoner and I were in the back shop: he left me, and went to the front shop, and flung himself across the counter (I continued where I was) with his head towards the inside of the counter; he continued in that posture about three or four minutes; I could not see what he did; I thought he was doing something not right; I did not mention it to my master, but I mentioned it to one of our men.

- SMITH sworn. - The prisoner was my bookbinder; I was informed there was some money missing in the till; I sent for an officer, and desired the prisoner to be brought in to me; I told him if he would acknowledge the fact I would forgive him, and let him go about his business.

Q. You had no mark on your money or notes, that you should know them? - A. No.

Court. There is no evidence against the prisoner; what the prisoner said, was after Smith had said he would forgive him, if he would acknowledge the fact, if he would tell the truth; after that I cannot hear of any confession that he had made; he must be acquitted.

NOT GUILTY .

London Jury, before Mr. Baron Hotham .

166. JOHN PHILIPS was indicted for feloniously stealing, on the 14th of January , a gilt metal watch, value 40 s. a seal, value 14 s. and a gold key, value 10 s. the property of John Tibbs .

JOHN TIBBS sworn. - I live in Lower Berkeley-street , and am butler to Lord Say and Sele: on Saturday, the 14th of January, I lost my double-gilt watch; it hung up in my bed-room; I saw it when I got up, about eight o'clock in the morning; I missed it about half-past eight in the evening, I generally left it in my room all day; I very seldom took it down.

Q. What makes you suspect the prisoner? - A. I do not know who took it away; I never saw the prisoner before I saw him in custody.

Q. Did you ever find the watch? - A. I recovered the watch at a pawnbroker's, Mr. Turner's, near Golden-square.

JOSIAH HYAM TURNER sworn. - I live with Mr. Turner, a pawnbroker, and have seen the prisoner before; he pledged the watch in question at our shop, in the name of John Phillips , for 1 l. 10 s.

(The watch produced, and Mr. Tibbs identified it.)

Q. Had you any conversation with the prisoner when he pledged this watch? - A. On the evening of the 14th of January the prisoner came to redeem some articles of wearing-apparel; he shewed me a metal watch which is now produced in Court; there was a woman with him.

Q. Who produced that watch to you? - A. I cannot take upon me to say; the prisoner gave it me.

Cross-examined by Mr. Alley. Q. You will not take upon you to swear whether the man or the woman pulled it out of their pocket? - A. No.

Q. At the time the watch was produced to you, did not the prisoner say the watch belonged to the woman? - A. I cannot take upon me to say.

Q. After the prisoner had pledged it, did he not return to your shop? - A. Yes; in consequence of a ham that was left at our shop.

WILLIAM ATKINS sworn. - I am an officer; the last witness came to the office, in consequence of a hand-bill left there; I went down with him to his shop, and waited there for the prisoner; when he came, I took him into custody; I took him to the office; there he told me that he had it from his sister, Mrs. Simmons, in Swallow-street; the Magistrate desired me to go and see if there was such a person; I went from one end of the street to the other, but could find no such person.

Prisoner's defence. The pawnbroker knows very well my sister lives in the neighbourhood; I told him my sister pledged things there; my sister found this watch; I and my sister went there on Saturday night; she has used the house twelve years; I asked him what the watch was worth; I thought it was gold; he said no, it was worth about 2 l. I pledged it for 1 l. 10 s. and gave my sister the moneyand the duplicate; on Wednesday I went to pledge a coat and waistcoat for 16 s. I said, Mr. Turner, if I cannot get the watch out, will you buy it of my sister; my sister had a ham to dispose of; said I, Mr. Turner, do you want to buy a ham; Mr. Turner said, my brother is not in the way, you may leave it and call again in the evening; I went again in the evening, an officer was there; he asked me how I came by the watch; I told him I had it of my sister; he then took me into custody.

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

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Hotham .

167. JAMES CHAPMAN was indicted for feloniously stealing, on the 7th of February , in the dwelling-house of William North , a black satin cloak, value 9 s. the property of the said William North .

WILLIAM NORTH sworn. - Q. Where do you live? - A. I live at No. 16, Holywell-lane, Shoreditch ; I am a shoemaker, and sell clothes ; the prisoner worked for me; he came to my house last Tuesday week for work; I went up stairs to fetch him work, and left him and my boy in the shop; my wife and another person was in the back room; on my wife getting up the next morning she missed the cloak; it was hanging up with some clothes the day before; I saw it just before the prisoner came in, and the next morning it was not there; I went after him on Wednesday, and found him at the Bull public-house, in Kingsland-road, smoking his pipe; I asked him if he would come down along with me to my house; he said he would.

Q. Did you challenge him with the cloak? - A. I told him that I had missed a cloak, and I had suspicion that he had got it; he said, if you will overlook it, I will make it good to you; I asked him in what manner; he said I will work it out; I told him that was a plain proof that he had taken the cloak; I told the boy to go and fetch an officer immediately.

Q. Did you see your cloak afterward? - A. The same afternoon, at one Mrs. Bark's, a gingerbread and pastrycook's shop, in Shoreditch.

- MESSENGER sworn. - I know the prisoner: I searched him and found nothing; I know him to be a dishonest character; he told me he had nothing about him that would lead to a discovery, for he had sold it; I then asked him if he would go with me and shew me where; he then shewed me Mrs. Bark's house; I asked Mrs. Bark if she had bought a cloak of him; she said she had; she shewed me the cloak; I shewed it to the prosecutor; he knew it to be his.

ELIZABETH BARK sworn. - I live in Shoreditch; I keep a pastrycook and gingerbread shop.

Q. Do you know any thing about this cloak? - A. I saw it first on Tuesday night; my maid was standing at the door, with a child; the prisoner asked my maid, if she had lost a cloak; she said no, have you found one; he said I will sell you one; my maid looked at it, and called me to look at it; she had it on the counter when I came, and the prisoner was standing by her; he said, when I came, he wished to sell it; I said perhaps you may hear of an owner; I told him he might leave it till the morning; he said I might as well give him 5 s. then and 5 s. in the morning, which I did.

ELIZABETH DAVIS sworn. - Q. Do you live servant with Mrs. Bark? - A. Yes; I was standing at the door, between the hours of seven and eight, on Tuesday evening; the prisoner came up and asked me if I knew any person had lost a cloak; I told him, no; I asked him if he had found one; he said, yes; he asked me if I would look at it; I told him I did not care whether I did or not; he brought it in and laid it on my mistress's counter, and I called my mistress to look at it; I am sure the prisoner is the man.

Q.(To North.) Are you sure it is your cloak? - A. I am sure of it; it is an old fashioned cloak.

The prisoner did not say any thing in his defence.

GUILTY , aged 23.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Le Blanc.

168. ELEANOR CLIFFORD was indicted for feloniously stealing, on the 25th of January , a silk handkerchief, value 6 d. a seven-shilling piece, and 5 s. the property of James Moore .

JAMES MOORE sworn. - I am a soldier in the first regiment of guards: on the 25th of last month I lost a silk handkerchief (a very old one), a seven-shilling piece, and 5 s. I was coming from Portman-barracks, and going to my house in Moorfields; I went into a public-house at St. Giles's , being dry, and had a couple of pints of beer.

Q. Was the prisoner there? - A. Yes; and another woman; they sat alongside of me, in the same box; I staid there about half an hour.

Q. Had you any discourse with her? - A. We drank out the one pot of beer; she asked me what I had got in my pocket; there was another man there that called her sister.

Q. Did she sit next to you? - A.She did.

Q. How came she to ask what you had got in your pocket? - A. I cannot tell; one of the men said, can you give me change for a seven-shilling piece; I said I would if I had it; I looked at my money, and saw I had not silver enough; when I put the pot to my head to drink, I perceived her hand in my pocket; I turned round and seized her; I told her she had took my money away; then she knocked me down, and the other woman gave me a smack of the face, and before I got up they ran away; they had taken my feather out of my hat;I ran after her, and with assistance I got her to the watch-house.

Q. Did you know her before? - A. I have seen her once before, as I was coming that way from the barracks.

Q. Were you sober? - A. I was quite sober; I had not drank above two pints the whole day.

Q. Did you ever get your handkerchief and money again? - A. No, I did not, nor my feather; I went back to the house to enquire if they had found the feather; these two men that were sitting with them threatened me, so I left the house; when I went up to the Office, she knocked me down before the Magistrate, for which he ordered her to go backwards.

TIMOTHY LANE sworn. - I am a watchman; the last witness met me at nine o'clock in the evening of the 25th; he told me he had been robbed; I took charge of the woman at the Maidenhead, Dyot-street, St. Giles's.

Q. Did you find any thing on her? - A. I never searched her; I left that to the officer of the night.

Q. So that between you and the officer of the night she never was searched? - A. She never was.

Prisoner's defence. I do not know any thing about the money; I was at the bar drinking a glass of gin, and saw this man and a woman quarrel with one another; that woman knocked this man down, and the woman went out, and this man went out after the woman, and as I was at the bar, he gave charge of me instead of the woman; he took me to the watch-house; I thought he would not come the next day; he went next morning to the Justice; he knocked me down, and said he lost his feather; I never knew any thing about the money or the man in my life.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Hotham .

169. MARY HEALES was indicted for feloniously stealing, on the 18th of January , a yard and a half of muslin, value 2 s. 6 d. the property of Charles Brooks and Thomas Brooks .

THOMAS DUNKIN sworn. - Q. Are you a shopman to Mr. Brooks? - A. Yes: On the 18th of January the prisoner came into the shop alone; she asked to see some muslins; it was about one o'clock; I shewed her two pieces, which she thought were too thin; I then went to another part of the shop to shew her some thicker ones; on my return I saw that the first piece of the two I had shewn her before was gone off the counter. On enquiring of her where one of those pieces was, she said she knew nothing of it; I then told her that she must have the piece of muslin, as there was no other person in the shop; she again denied it; I then sold her a quarter of a yard of muslin, to the amount of eighteen-pence halfpenny. She went out; I then told the young man at the bottom of the shop to bring her back, as I was confident that she had it; the young man brought her in immediately; I then asked her for the piece of muslin; she denied having it, or knowing any thing about it. I then told the young man to go up stairs, and tell Mr. Brooks; previous to Mr. Brooks coming, she went behind a wrapper of muslins, and stooping she dropped the muslin on the ground; then said, here it is lying on the floor.

Q. Could you undertake to say whether it was not, before the young man brought her back into your shop, laying there before she came in? - A. I am sure it was not, I looked all about there.

Q. Did you see where she took it from? - A. No.

THOMAS PARKINSON sworn. - Q. Are you the young man that was sent after the prisoner? - A. I am.

Q. Was there any body else in the shop? - A. No customer but the prisoner; I went up to state the circumstance to Mr. Brooks; it was found when I came down.

Prisoner's defence. I went to buy a piece of muslin, and four yards of white tape, I gave one shilling and seven-pence for them. I was not gone out of the shop when they called me back; they wished me to turn out my pockets; I said, gentlemen, look among the muslins; they looked there, and found it; there was a woman in the shop at the same time.

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

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Le Blanc.

170. JOHN LINCOLN was indicted for feloniously stealing, on the 20th of January , a pewter quart pot, value 6 d. the property of Edward Fairbox .

EDWARD FAIRBOX sworn. - I keep the tap at the Bull Inn, Bishopsgate-street , and lost the pot on the 20th of January, in the evening; the prisoner took the pot out of the tap; my daughter came and told me of it, and I pursued him; I know it is the same man, I saw him drinking ale at the tap; he was taken at Bishopsgate church, with five pots about him; he had my pot in his hand, and he had one in his breeches.

MARIA FAIRBOX sworn. - I am the daughter of the last witness, and saw a man take a pot from off the bench out of the tap; I immediately told my father, and my father pursued him.

- BAILEY sworn. - I was sitting at the coach-office in the Bull Inn, (I am the coach-officer) and heard Mr. Fairbox cry out, stop thief! I looked out of the window, and saw Mr. Fairbox run down the street: I jumped over the counter, bolted the door, and ran after Mr. Fairbox, and when I got to Bishopsgate church, I saw the prisonerstand with that pot in his hand, amidst a number of people; I went to him, and asked him whose pot he had in his hand; he answered, it was the pot he had picked up; he said, they were calling stop thief! after the man had dropped it; they cried, stop thief! after he had picked it up; I told him if he would come along with me, I would shew him where the pot belonged to; he came with me; after we had taken him into the house we searched him; there were five pots found upon him, and one he had in his breeches.

(The Prosecutor looks at the pot, and identifies it.)

Prisoner's defence. I came from Woolwich off guard on the 20th of January, and coming along Bishopsgate-street, I picked up this pot; I was very much in liquor; I had met with a friend at Deptford; I picked up this pot; I only asked the last witness who it belonged to; he said he would shew me.

GUILTY , aged 26.

London Jury, before Mr. Recorder.

171. JOHN JONES was indicted for feloniously stealing, on the 19th of January , forty-two ounces of flatted silver, value 10 l. the property of Samuel Atkins .

SAMUEL ATKINS sworn. - I am a watch-case-maker , and live in Bridgewater-square: On the 19th of January, in the evening, a gentleman informed me, that a man was in custody that had robbed my boy.

JOHN GRIFFITHS sworn. - Q. How old are you? - A. I am eleven years old; I work for Mr. Atkins, in Bridgewater-square: On the 19th of January, at seven o'clock, I was coming from the flatting-mills, in Nicoll-square, and a man followed me; I came up Well-street, and turned into Jewin-street ; he snatched the silver from off my shoulder; I ran after him, and cried out, stop thief! some gentleman came out of his house in Jewin-street, and ran after him; he was taken at the end of Jewin-street, towards Aldersgate-street.

Q. Did you see the man stopped? - A. No, but I know it was the prisoner that took the silver from me.

Q. How do you know it was the prisoner? - A. When he took the silver from me, I ran after him a little while, and then I was afraid to go further after him; I am sure the prisoner is the person who took it from me.

Cross-examined by Mr. Alley. Q. It was pretty dark at that time of night? - A. Yes.

Q. You had never seen the person before? - A. No.

Q. There were a great many people in the street at that time? - A. No, not a great many about then.

Q. The man that snatched the parcel of flatted silver from off your shoulder, you never saw his face, he was behind you? - A. No, but I saw his handkerchief; he had a Belcher handkerchief on round his neck.

Q. You did not see the face of the person till he was in custody? - A. No.

Q. You could not see his face, nor any thing else, till he was taken into custody? - A. I did see his handkerchief.

CLEMENT MONTFORD sworn. - I am a pocketbook-maker, and live at No. 44, Jewin-street. I was at work when I heard a cry of, stop thief! I did not think of going down, for I knew it was a boy's voice, till I heard him cry out, murder! then I ran down stairs, and turned to where the voice was. I saw the prisoner turn into the Crescent; I met him at the other end of the Crescent, as he was coming out, and the boy after him; the boy cried out, that man has robbed me; I made way for them; the prisoner came out first, and just as he came out there was a light, that I could see a bag in his left hand; I pursued the prisoner, and got hold of his coat just as he got to the top of Jewin-street, and the flap of his coat came off in my hand, which made me stagger. A gentleman was crossing the road; they met each other, and the gentleman and the prisoner both fell down; I did not lose sight of the prisoner. After they both got up, I met my father's man, and told him to lay hold of the prisoner, because I had only my slippers on; I walked behind them till the prisoner was taken to the Bull's Head public-house in the Crescent, Jewin-street, Mr. Atkins was sent for and a constable; when Mr. Atkins came, the prisoner was taken to the Compter. When I laid hold of the flaps of his coat, he threw the bag of silver from his left hand; a woman picked it up I believe.

Cross-examined by Mr. Alley. Q. It was dark at this time? - A. Yes.

Q. You saw him throw the silver away? - A. Yes.

Q. Why did not you stop and pick it up, silver is worth while picking up? - A. I thought it was best to pursue him.

MARY WEBSTER sworn. - I am in the bookbinding line: On the 19th of January I had been into Fore-street, and heard the cry of stop thief! in Aldersgate-street; I stopped to look as some others did, and saw a man run and fling a bag from his hand into the kennel, the corner of Jewin-street; he ran across Aldersgate-street to the corner of Queen's-square, there he was stopped; I picked the bag up, and as they brought the prisoner along, I gave it to the man that came with the prisoner.

DANIEL CARTWRIGHT sworn. - I am an officer, and was sent for on the 19th of January to take charge of the prisoner; the property was given me at the time; the prisoner had a Belcher handkerchief on.

(Cartwright produced the property, which was identified by Mr. Atkins.)

Prisoner's defence. As I was coming down Jewin-street, I heard the cry of, stop thief! I ran after the man, and as I ran, a gentleman laid hold of me, (just before a man ran past me, and threw a bag away) I was taken to the Bull's Head, and from there to the Compter; the man that ran past me had a great coat on; he threw a parcel or something away; I did not know what it was at the time; I had a bird's-eye handkerchief on; I had not a Belcher one on.

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

GUILTY , aged 21.

Transported for seven years .

London Jury, before Mr. Recorder.

172. PETER ASHTON was indicted for feloniously stealing, on the 19th of January , one pound and eight ounces of wool, value 3 s. the property of Philip Matravers and Thomas Potter .

PHILIP MATRAVERS sworn. - I know nothing about it, only that my servant had such things in his possession.

URIAH MEAGRE sworn. - I am a carman, and servant to Mr. Matravers and Mr. Potter; they are master-carmen .

Q. What had you in your cart on the 19th of January? - A. I had two bags of Spanish wool, which I brought from Seacoal-lane to the Swan Inn, Holborn-bridge ; I had four bags in the cart; there were only two for that Inn. I was in the yard at the accompting-house door, and saw a man at my cart in the Inn yard taking wool out of the bag, and putting it in his breeches; I went and caught hold of him, and asked him to give me the wool back again; he said he would not; I called out to the book-keeper to help take it away from him; the book-keeper came, and we took it out of his breeches.

Q. What quantity? - A. A pound and three quarters; I have it here; we took him to Giltspur-street Compter.

Q. Did the prisoner cut the bag? - A. He did for what I know; I did not see any body cut it on the road.

BENJAMIN PROBITTY sworn. - On the 19th of January, in the evening, I was called from the accompting-house by the last witness, and went into the yard, and saw the carman had hold of the prisoner at the bar; he told me he caught the prisoner taking the wool out of the bags in his cart; I went to him, and we searched him, and pulled a great deal out of his breeches; it appeared much about the quantity that had been gone out of the bag; the bag was cut near half a yard long; we took him to the Compter.

Prisoner's defence. I went into the Swan Inn, and saw this wool lying on the ground, and picked it up.

GUILTY , aged 58.

Confined twelve calendar months in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

173. JOHN JONES was indicted for feloniously stealing, on the 12th of February , a silver watch, value 30 s. the property of William Targett .

WILLIAM TARGETT sworn. - Q. How old are you? - A. I am fifteen, and carry about newspapers; I live at No. 8, Thomas-court, Curtain-road: On Sunday night last, about half past seven o'clock, I was going over Smithfield with my brother to Clare-market; by Long-lane the prisoner came up to me, and asked me what o'clock it was; I said to him, stop till I get to the corner of Cow-lane, then I will tell you; when we got to Cow-lane , I pulled my watch out of my pocket; he then snatched it from me; I immediately holloaed out, stop thief! he ran towards Newgate, and took a sudden turn, and ran through the pens; I thought if I ran after him into the pens he might kill me, or knock me down; I kept more to the right; I holloaed out, stop thief! all the while, and the constable cried out, he is here; I heard him say he had got him; he was taken to the public-house and searched, and nothing found upon him but a knife.

Q. Was your watch ever found again? - A. No.

Q. Did you lose sight of him while he ran round the pens? - A. No, I never lost sight of him from the time he took the watch till he was taken, I am sure of it.

Q. Did you ever look after the watch? - A. Not much; we had a link, but we could not find it.

Q. Did you ever see the prisoner before? - A. I think I knew him by sight.

EDWARD JONES sworn. - I am foreman of the carpenters to Smithfield-market: On Sunday night, about half past seven o'clock, I heard the cry of, stop thief! I was tying up hurdles, making pens for the next market, and directed my course where the voice came from; I ran forward, and stopped this man in the coach-road; I collared him, and brought him to where there was a link; there I found the boy; I asked him if that was the man that had robbed him; the boy said he was the man; I knew that Mr. Nalder was not in the neighbourhood, I took him to the Bull tap, and there I searched him, and found nothing on him but a knife.

Prisoner's defence. I am innocent; there were two other boys; I would wish to have them come up, and hear what they would say.

ALEXANDER TARGETT sworn. - Q. How oldare you? - A. I shall be twelve the 22d of next June.

Q. Did you see the watch taken? - A. I did, but I did not see the man's face that took it.

NOT GUILTY .

London Jury, before Mr. Recorder.

174. MARK JOEL was indicted for feloniously stealing, on the 23d of January , a linen wrapper, value 6 d. and sixty yards of linen cloth, called huckaback, value 10 l. the property of Henry Neave .

GEORGE GLOVER sworn. - I am a pork-butcher in Leadenhall-market : On Monday the 23d of January, about half past four o'clock, I was standing near my own shop, and saw the prisoner at the bar get on the shafts of one of Mr. Neave's carts; I saw him pull exceeding hard at something, and suddenly it came out all at once, by which the prisoner fell off the shafts on his back on the pavement; on the prisoner recovering his fall, he looked round him, and as the pack fell out of the cart it rested on the foot-board; he took it up on his shoulder; a young man that lived next door with Mr. Dalton, the poulterer, said something to me about suspecting the prisoner stealing a coat out of his shop, which induced me to follow him; we both followed him, and when he got about forty yards, he rested a moment at Mr. Hinwood's shop, which leads into the wholesale poultry market; then I got up near the hand hold of him; he threw the bag against me; I immediately recovered myself; and ran after him, and in the space of thirty yards he was taken; I never lost sight of him; Mr. Anthony picked it up, and a young man that lives with Mr. Dalton has had the care of the pack; I am sure he is the man.

Cross-examined by Mr. Gurney. Q. He was not selling oranges there? - A. No.

Q. Were there any other people besides him and you that saw him there? - A. Not many, I suppose a dozen; I was not a yard off him, from the time he threw the bag down till he was taken.

JOHN MOORE sworn. - I am a porter, and know nothing of it, but the delivery of the goods to John Hunt .

Cross-examined by Mr. Gurney. Q. Are you sure you took notice of it then? - A. No, I read the bill of goods afterwards.

JOHN FRANCIS sworn. - I am a ticket porter, and received the goods from the young man, the last witness; I opened them, and there I found the bill of goods, and the direction inside.

Q.(To Moore.) Look at the direction? - A. This is the direction I put upon it; I left this truss with this direction and this bill of goods; I delivered it to the book-keeper at the Bull in Leadenhall-street; there are two pieces of huckaback linen, forty yards each.

HENRY NEAVE sworn. - I am a carrier, and received that parcel on the 23d of January, at the Bull in Leadenhall-street; from thence I drove my cart into Gracechurch-street, and stopped opposite the Cross Keys; there I went and fetched some goods twice, and the third time I missed the present goods.

The prisoner did not say any thing in his defence, but called five witnesses, who gave him a good character.

GUILTY , aged 18.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

175. JOHN BOTTOMLEY and BENJAMIN ISAACS were indicted for burglariously breaking and entering the dwelling-house of Thomas Hall , about the hour of five in the night of the 31st of January , and stealing therein fifty yards of lace, value 7 l. the property of the said Thomas.

THOMAS HALL sworn. - I am a linen-draper , and live at No. 69, Bishopsgate-street Without : On the 31st of January last, one of my squares of glass in my shop-window was cut, and two cards of black lace were taken from thence; I knew nothing of it till near four or five minutes after it was gone; a lad came in, and told me the circumstance. I put the lace in the window in the morning; the square of glass had a crack in it for many years, but not nigh where the lace was put; when I was informed of it, I looked at the window, and saw the glass had been cut with something, and the old crack was remaining.

Q. How long was the hole? - A. About five or six inches long, and about two inches wide; it was long enough to put the hand in, in this direction, (showing how); I and the lad pursued them, and took them; we searched them, but did not find the lace.

Cross-examined by Mr. Knapp. Q. What time did it happen? - A. On the 31st of January, near five o'clock in the afternoon.

Q. Was it dark? - A. Quite dark out of doors.

Q. Was it dark enough, if you had seen me at the door, that you would have known me? - A. Certainly I should have known you, or any man, at my door at that time, or any time.

RICHARD ROWLEY sworn. - I am an apprentice to Mr. Saunders, a cabinet-maker, in Crown-street, Finsbury-square.

Q. How old are you? - A. I was sixteen last November: I was going of an errand for my master, and coming back, about five o'clock, I saw these two boys standing at the post, the corner of Union-street, Bishopsgate-street.

Q. Did you know these two boys before? - A. Yes, I had seen them playing before; when they stood at the post, they were wrangling with each other who should go and take it; the biggest saidto the youngest, you go; and the youngest said, I will not go, you go; the biggest went forward, and put his hand in the window, and took out one card of lace, and put it under the left side of his coat; in about a minute after, while the man went round to put up the shutter, he put his hand in a second time; I did not see him take any thing then; there were three of them got together; then they ran up towards Bishopsgate-church; I am sure these are the two boys.

Q. How close were you to these two boys? - A. I was close to them when they took the lace, I have seen them frequently; there are a number of them tossing up from morning to night in the Broad-place, Petticoat-lane; I have seen the prisoners with them when I have been going to dinner.

Cross-examined by Mr. Knapp. Q. You have told us you see a great many boys playing? - A. Yes.

Q. Have you not heard there is a reward, if you convict them? - A. No.

Q. Do you mean to swear that you do not know that there is a forty pounds reward for the conviction of a person that breaks open a house? - A. No, never.

Q. You had never been playing with them, I dare say? - A. No.

Q. It was so light, that you were able to see the boys? - A. No, not at a great distance, but I had seen them before.

SAMUEL SHEPPERD sworn. - I am an officer, and was sent for on the 31st of January; I searched both the prisoners, and found nothing on them but a knife on each.

Q.(To Hall.) Where is your house? - A. The corner of Union-street, Bishopsgate-street, in Bishopsgate parish.

Bottomley's defence. I was never in that gentleman's house in my life.

The prisoner, Isaacs, did not say any thing in his defence, nor called any witnesses.

Bottomley called four witnesses, who gave him a good character.

Bottomley, GUILTY.

Isaacs, GUILTY.

Of stealing to the value of 39 s.

Transported for seven years .

London Jury, before Mr. Recorder.

176. SARAH GOSWELL was indicted for feloniously stealing, on the 10th of February a wheelbarrow, value 8 s. the property of Mary Mason .

MARY MASON sworn. - Last Friday morning I went out with my goods, I had onions to sell, in my barrow at eleven o'clock, to set at the corner of Grocer's-court, Shoreditch ; I took it home at six o'clock at night, and put it in the yard; on Saturday morning I went to market about eight o'clock, and when I came home it was nigh ten, the barrow was not in the yard; I made enquiry after it, and a man told me who took it away.

Q. Did you ever find your barrow again? - A. No.

Q. Did the prisoner live near you? - A. She resorted there, but I cannot say where she lived.

BENJAMIN GODFRY sworn. - I am a weaver, and live in Grocer's-court, Shoreditch: On Saturday morning last, I went down to get some water for my wife, my children being poorly; the prisoner was standing at Mrs. Mason's door; I went up with my water, and came down again; she was wheeling the barrow out of Mrs. Mason's yard, and got through the entry into the court; she left the barrow, and went to the end of the court; she came back again, and then took the barrow, and wheeled it away.

Q. Do you know the prisoner? - A. Yes, I know her by sight; she has a scar on the bottom part of her face; I saw her discourse to a neighbour before.

Prisoner's defence. I never saw the property, nor never had it in my hands, neither did I know that she ever had one.

GUILTY , aged 21.

Confined fourteen days in Newgate , and fined 1 s.

First Middlesex Jury, before Mr. Recorder.

177. MARY HONEYBALL was indicted for feloniously stealing, on the 3d of January , a silver watch, value 30 s. the property of John Corgan .

JOHN CORGAN sworn. - I am a porter to Mr. Mucklow, in Kirby-street, who keeps an oil-shop: I met the prisoner at a public-house, on Tuesday night, the beginning of January; I believe it was nine o'clock at night; I was sober, and agreed to go with her to her own room; I gave her three shillings when I went in; I staid all night, and slept there. In the morning, when I awoke, she was gone; I examined my breeches, and saw my watch was gone, it was about eight o'clock; I went to the door, and found it was padlocked outside; I was forced to break the under part of the door, and creep out; I then went home to my wife, and brought her to the house, and shewed her the room where I was robbed; I don't know the name of the street.

Q. Did you find the watch? - A. No.

Q. Had you seen the woman before? - A. Not to the best of my knowledge.

HANNAH CORGAN sworn. - Q. What do you know of this business? - A. My husband first told me; he then took me to the room, and shewed me where he was robbed; a padlock was on the door. On the Monday following, I lit on the prisoner in the same room in bed, and knew it was her by the way he described her to me; I said to her, where is my husband's watch? she said, I have pawned it.

Q. Did she tell you where? - A. Says I, where is the ticket? she said, I have burnt the ticket; I said, O Lord, how will that be now? she said, I will go and make my affidavit that I have lost the ticket; she said, pray do not beat me; I said, I will not; she came out with me, and went to the pawnbroker's, and took her affidavit; she went down to the Justice's, and got it signed, and I took it out in my own name.

- CHARLTON sworn. - Q. Who pawned this watch? - A. The prisoner at the bar; I am confident that she pawned it between eight and nine in the morning, on the 4th of January.

(The officer produced the watch, which was identified by the prosecutor and pawnbroker.)

Prisoner's defence. I met the man in Tothill-street, and he asked me if I would have some drink; I went with him to drink, and then he asked to sleep with me all night; he went home with me; he said he had no money, and asked me to pledge his watch; I said I did not like to do it, but I took it and pledged it, and brought him home the money; this was about three o'clock in the afternoon when I pledged the watch.

Q.(To Charlton.) What time did you say she pledged this watch? - A. It was pledged at eight o'clock in the morning.

Q.(To Corgan.) Is what the prisoner said true, that you gave her the watch to pledge? - A. No.

GUILTY , aged 21.

Confined one month in Newgate , and fined 1 s.

First Middlesex Jury, before Mr. Recorder.

178. JAMES LOFT was indicted for burglariously breaking and entering the dwelling-house of Hannah Vincent , about the hour of eleven at night of the 15th of January , and stealing therein two saucepans, value 8 d. two pounds of beef, value 1 s. a dish, value 6 d. and half a loaf of bread, value 2 d. the property of the said Hannah.

HANNAH VINCENT sworn. - I live in the parish of Little Stanmore , and am a widow : I have a house there, which was broke open about five weeks back; I went to bed about ten o'clock, I was the last up.

Q. Were your door and window fastened before you went to bed? - A. Yes, I saw all fast; I did not get up till eight o'clock; I heard nothing.

Q. Were you the first up? - A. No, one of my lodgers, her name is Lewin; when I got up, I saw my little back wash-house had been broke open, it is a part of my house; I missed two saucepans.

Q. You said your window was broke open - was it a casement or a sash? - A. It had two lights in it; one light was broke, and the other was whole, and the one broke was taken out; there was room enough for a person to get through; I missed a plumb-pudding in a dish, a bit of salted beef undressed, and a bit of bread, they were standing in the pantry adjoining.

Q. You had seen these things there the night before? - A. Yes.

Q. Do you know any thing of the prisoner? - A. Yes; he was born in the neighbourhood, I believe, he has been working about there some time; I had seen him a few days before.

Q. He does not lodge in your house? - A. No.

Q. When did you see your dish, and your other things? - A. On Sunday morning; they were brought to me, that is all I know.

THOMAS SIBLEY sworn. - I am a labouring man: On Sunday morning, after the alarm of the house being broke open, I went and searched about, we followed him by the track of his shoes; we saw the track of his shoes first at the lower end of Vincent's garden.

Q. Which way did those footsteps lead, to or from the house? - A. They led into another great garden, were there was a ladder that he might get over the pales; we found the ladder standing there against the pales; we traced him to a barn, about half a mile off, where we found the prisoner lying, and the property in the barn, in a sack.

Q. Was he asleep? - A. No, he was not asleep; he said he came there by reason of the water being so high he could not get over to his own lodgings; we searched the sack, and there we found the property lost, he was lying near the sack; I asked him how the sack came there; he said he knew nothing of it; we took him back to the woman.

SAMUEL STONE sworn. - A. I am a bookkeeper at the White-hart, Little Stanmore.

Q. Do you know any more than Thomas Sibley ; the sack was not Mrs Vincent's sack, it belonged to Mr. Brown of Mill-hill, a baker.

THOMAS HANLEY sworn. - I am an officer: The witness brought these things to me, and left them in my charge. (Produces them, and Mrs. Vincent identifies them.)

Prisoner's defence. I hope you will have mercy on me.

GUILTY, aged 29.

Of stealing only .

Confined one month in the House of Correction , and fined 1 s.

First Middlesex Jury, before Mr. Justice Le Blanc.

179. GEORGE SMITH was indicted for feloniously being at large before the expiration of seven years, for which he had been ordered to be transported .

WILLIAM ATKINS sworn. - (Produces a certificate of the conviction, which was read.)

EDWARD KIRBY sworn. - Q. Do you know the prisoner? - A. Yes; he was tried in January, 1802, and convicted for stealing some plate.

Q.(To Atkins.) Where did you see him? - A. In Tash-street, Gray's-Inn-lane .

Prisoner's defence. When I received my sentence on the 13th of January, 1802, I applied to Lord Pelham to be liberated upon my departing the kingdom, which his Lordship granted; I was liberated upon condition that I should depart the kingdom; I applied to the Secretary of State's Office for a passport, not being successful, he informed me there would be no danger if I went to Paris; I went on board the King George, and arrived in France; I was summoned before the Commissary, I told him I had no passport, and that I had been an officer; he said, if I would enrol myself in the 28th brigade, then lying at Paris, I might continue there, if not, he must send me on board without a passport; I thought in my own conscience, perhaps, in a short time, I might be placed in such a situation as to fight against the British colours, which, in my own conscience, I would not do; I wrote to captain Roach, and desired him to get a pardon for me from Lord Pelham. I was summoned before the Consul, and told him I was a free man; the Consul said, I was not a free man, and that he would send me back in a transport; I was put on board, and came to London, and took a lodging, I never returned on my own account; and if I would have accepted of that infamous offer, of accepting a commission in the 28th brigade, to fight against the British colours, I might have continued there; therefore your Lordship cannot think I have misused that goodness which has been shewn me; I never should have been here could I have obtained a passport from Government.

GUILTY , Death .

First Middlesex Jury, before Mr. Baron Hotham.

180. ABRAHAM COHEN was indicted for feloniously stealing, on the 1st of February , an opera-glass, value 10 s. 6 d. a gold watch, value 7 l. three gold rings, value 20 s. three brilliant pins, value 8 s. a silver opera-ticket, value 2 s. thirty gold-mounted bottles, value 30 s. the property of Thomas Sutherland , and William-Henry Wilson .

THOMAS SUTHERLAND sworn. - I am a pawnbroker and jeweller , I live in Vigo-lane, St. James's, Westminster ; I have a partner, his name is William- Henry Wilson .

Q. Do you know the prisoner? - A. I have seen him in my shop several times; he came to my shop under pretence of buying a lot of jewellery and plate; the last time he came was, I think, on the 1st of February, he represented himself as a person keeping a stall in the West Indies; I shewed him a lot, he staid a considerable time in looking at the articles, he staid an hour or two.

Q. Did he purchase any? - A. We could not agree about the price; he called again, I think, on the 1st of February, he desired I would turn it over in my mind, and let him look at the articles again; I let him see them again, he examined them more minutely, it was a large lot, and came to upwards of two hundred pounds; I told him I would take two hundred pounds for the lot; he bid me one hundred and ninety-three pounds, or thereabouts; he told me to turn it in my mind, and then went away, and said he would come at the time appointed; in consequence of his not coming to the time appointed I looked over the things, and missed several of the articles, to the amount of thirty pounds, he never came to me; I found him by the means of Mr. Dobree, on Monday evening last, at Mr. Dobree's, No. 68, Oxford-street; he was taken to the office in Marlborough-street. On searching him there, an opera-glass was found on him with my private mark and number, it was in his coat-pocket, and a knife.

Q. What was the value of that opera-glass? - A. Half-a-guinea.

Q. Are you sure it was in the articles he had been looking over? - A. Yes, I am sure; the lot I had been shewing him were not in the shop, they were my own private concern, I have them under lock and key.

Q. Did you find any other part of your property? - A. No.

Q. Is your shop part of your house? - A. Yes; I and my partner live there, we occupy the house jointly.

JOSEPH DOBREE sworn. - I know the prisoner: In consequence of Mr. Sutherland losing some goods, he requested if he came to our house that I would take him; he came, and we took him; he was in the custom of coming to our house to see the newspapers. There is a little circumstance of an opera-ticket, which he offered to lend me, which is part of the property of Mr. Sutherland; he offered to lend me an opera-ticket last week.

Q. Did you accept the offer? - A. I did not; he said at any time I wanted it he would lend it me; it was a silver ticket; I read on it something of February, 97.

JAMES KENNEDY sworn. - On the 13th of this month, I was sent for to Mr. Dobrees's to take the prisoner into custody; when I brought him to the office I searched him, and found in his pocket an opera-glass, Mr. Sutherland said it was his property, it had been stolen from him; the prisoner said, he had bought it with a lot of goods, but he could not tell where. (The opera-glass produced, and identified by Mr. Sutherland.)

Prisoner. (To Mr. Sutherland.) Q. Is there any defect in that glass? - A. I know of no defect in that glass.

Prisoner. Q. I bought that glass in a lot of goods four months ago, the little glass is broke, and has been broke for two months - you look at it? - A. There is a crack in the glass.

GUILTY,

Of stealing the opera-glass .

Transported for seven years .

First Middlesex Jury, before Mr. Justice Le Blanc.

181. MARY ANDERSON was indicted for feloniously stealing, on the 26th of January , a silk purse, value 1 d. half a yard of muslin, value 6 d. a silver four-penny-piece, two half guineas, a one pound note, and two notes value 2 l. each , the property of Elizabeth Newman .

ELIZABETH NEWMAN sworn. - I live with Mrs. Collin Bailey , in Harley-street .

Q. Did you lose any money last month? - A. Two 2 l. notes, two half-guineas, a 4-penny piece, a piece of muslin, a 1 l. note, and a silk purse; I had them on Wednesday, the 25th; I saw them then; they were kept in my box in the laundry.

Q. Was the prisoner a fellow-servant? - A. She was at that time; she was cook .

Q. When did you miss them? - A. On Friday, the 27th, about two o'clock.

Q. What reason have you of suspecting the prisoner? - A. There was no other person where my box was but her and me.

Q. Were the family in town? - A. Yes.

Q. How many were in the family? - A. About eight.

Q. But nobody but she and you were in the laundry? - A. No.

Q. What occasion had she in that room? - A. Her box was in that room.

Q. Have you found any of these things? - A. Yes; on Friday, the 27th.

Q. Where did you find them? - A. She left the house when the property was gone.

Q. Did you see the property found on her? - A. Yes.

Q. She was taken up? - A. Yes; I found the 4-penny piece, a piece of muslin, a border, and a new sixpence.

Q. Did you know these things to be yours? - A. Yes.

Q. The Bank-notes you did not find? - A. No.

Q. When did she leave the family? - A. On Thursday, the 26th.

Q.(To the Prisoner.) Have you any question to put to this witness? - A. I only say, she has taken a false oath on me.

JOHN HOLDEN sworn. - You live at Mrs. Collin Bailey 's? - A. Yes; my fellow-servant, the house-maid , said she had lost all the property she has mentioned; the prisoner was discharged on Wednesday, and she called again on Thursday, with a coach to take her box, and a sack to put some of her things in; when she was gone, I went after her with the officer, and while the officer was searching her she dropped a half-handkerchief; I picked it up; in one end there was a new sixpence, a bit of cap-border, a bit of muslin, and a four-penny piece; in the other end two half-guineas and a seven-shilling piece; they were tied up at each end with a knot; this was at No. 29, South-street, Manchester-square, at a Mrs. Kennedy's; I asked her what she had done with the notes; she said she had changed a 2 l. note at a linen-draper's, in Oxford-street, near the Pantheon; I heard her say so.

Q. You found nothing more about her? - A. There was a new gown-piece lying on the table, that she had bought with the 2 l. note.

Q. Was any thing said to her, advising her to speak the truth? - A. No; we asked her what she had done with the purse and the money in it; she said she had thrown it away; the prisoner said she had not stole the money, but had found it in the passage, and she thought if she returned it, it was sufficient recompence.

Q.(To Elizabeth Newman .) Was your money in your purse? - A. Yes.

JAMES KENNEDY sworn. - I am an officer in Marlborough-street: on the 27th of last month I took the prisoner into custody; on searching her, Holden, the butler, perceived she had dropped something on one side, in a half-handkerchief; it had two half-guineas and a seven-shilling piece in one end, tied with a knot; there was a fourpenny piece of silver, a piece of muslin, a new sixpence, of the last coinage, and a bit of edging, in the other end; I asked the prosecutor to look at the two half-guineas and the seven-shilling piece, if she could swear to them; I asked the prisoner what she had done with the notes before that.

Q. Did you say any thing, if she would confess? - A. No; there were two 2 l. notes and 1 l. note in the purse; she told me she found the notes in the passage; she found two 2 l. notes, and denied knowing any thing about the 1 l. note; she told me she had thrown the purse away; she had changed one of the 2 l. notes, and bought a gown-piece with it, and about two yards of cotton, besides half a yard of linen, or thereabouts; I saw a new velvet bonnet lying on the table; I asked where she bought the new velvet bonnet; she told me in Cranbourn-alley, and gave 12 s. for it; she said she paid 17 s. for taking property out of the pawnbrokers; she did not say any thing about opening the box.

Q.(To Newman.) You say your money was in your purse? - A. Yes.

Q. Was that purse in your box? - A. Yes.

(The things produced.)

Q. Now look at those things, and see whether you can swear to any of them? - A. The four-penny piece and the piece of muslin I can swear to.

Q. By what do you swear to the four-penny piece? - A. By the hole that is in it.

Q. How long have you had it? - A. About three years.

Q. What do you swear to the piece of muslin by? - A. By the edging; there are two sorts of edging upon it.

Q. Did you put it on yourself? - A. No; I did not; I have had the edging by me two or three years; I have no doubt but that it is mine. When I went to the box, I found it would not unlock as it used to do; it made me suspect that somebody had been there.

Prisoner's defence. The property that lies there is all my property; it does not belong to any body; it is my own clothes.

GUILTY , Death , aged 26.

First Middlesex Jury, before Mr. Baron Hotham .

182. GEORGE GRIGS and JAMES OREN were indicted for feloniously stealing, on the 24th of January , 140 lb. of linen rags, value 30 s. and two linen bags, value 2 s. the property of Robert Conyers .

(The case was stated by Mr. Knapp.)

Mrs. CONYERS sworn. - Q. You are the wife of the prosecutor? - A. Yes; my husband is an ironmonger and dealer in rags ; we live in Shoreditch, No. 229 .

Q. Where are his rags kept? - A. In the back premises, adjoining the house.

Q. How are these back premises situated; do they form a part of the house? - A. Yes; there is a little passage to it; it is all under the same roof.

Q. Do you know the prisoners at the bar? - A. They are servants of my husband; Oren was employed in the rag business, and Grigs in the ironmongery.

Q. Were you passing through Finsbury-square on the 24th of January in the evening; - A. Yes; I saw Grigs there; I met him at half-past eight in the evening; I called to him three times; he would not stop.

Q. Did you observe whether he had any thing with him before you called to him? - A. I observed him to have a bag of rags; there was a hole in the bag, and through that I saw the rags; he stopped at last; I asked him where he was going; he said to Aldersgate-street to sell these rags; I asked him whose they were; he said his landlady's, but he could not tell me the quantity, nor the price of them; I begged him then to return home to Mr. Conyers; he wished me to go to his landlady, but I thought I was right, that he should return home with me to my house; he did; after that he went and fetched his landlady; the rags were left in our shop; the landlady came, but he did not come with her; the landlady made a claim of these rags, and then denied it; then Mr. Conyers sent for an officer to take Grigs; I went with the officer; we took him close by his lodgings; when he was brought home to our house, he was shewn the rags and the bag; he said that he took them from the back premises.

Q. Had you threatened him, or promised any favour? - A. No; I asked him whether he had taken any before; he said he had once; we did not take Oren, the other prisoner, till the next day; I was present when he was taken; he came to work, and enquired after the other prisoner, Griggs; he asked where he was, and why he did not come; I did not give him any answer; then the officer came and took him.

Cross-examined by Mr. Alley. Q. Have you not a warehouse that is out from the house? - A. That is not where the goods were stolen from.

Q. Do not you keep old rags in other warehouses? - A. Yes, but none of this sort; these are a superior sort.

Court. Q. How much was that bag of rags worth that he had in Finsbury-square? - A. About 30 s.

JOHN VICKERY sworn. - Examined by Mr. Knapp. I am an officer: I apprehended Grigs on the 24th of January in the evening; when I took him I met him in the street; Mrs. Conyers and his landlady were with me; the landlady said to him, you have got me in a great deal of trouble by going to claim these rags; I asked the prisoner whose rags they were that he had when his mistress stopped him; he said they were his master's, that they were delivered to him at the warehouse, and that he had put them under some dung in the yard, till he had an opportunity of taking them away; I then took him up to his master's house, with Mrs. Conyers; I told him to look round and shew me the bag of rags his mistress had stopped him with; he then went and put his hand on the bag of rags I have got here; he said, this is the bag of rags my mistress stopped me with; Mr. Conyers then charged him with a felony; I then took him to the watch-house; I went and apprehended Oren in the morning; I took them both together into the parlour at the public-house, at the side of the office; I then asked Grigs where he got the bag of rags that his mistress stopped him with; I had them from you, he said to Oren; they were both close, face to face; Oren said nothing at all; you gave them to me for the purpose of selling them, and you told me to take them into Aldersgate-street, where you told me to take the others, where you went and shewed me; and he then said to Oren, I was to return you half the money; Grigs was agitated a great deal, and Oren very much so too: Grigs said you know it is true; Oren made no reply; after that, Grigs said, there is now a parcel of rags taken from the stack, and buried under some woollen rags.

Cross-examined by Mr. Alley. Q. I suppose you told this man that you would get him to be King's evidence? - A. No.

ROBERT CONYERS sworn. - Examined by Mr. Knapp. Q. In consequence of what Grigs told you, did you find a bag of rags? - A. Yes; whereOren worked; they were taken from the stack, and buried under some woollen rags.

Q. Are you quite sure they are your property? - A. I am pretty sure.

Q. Do you know the bags to be yours? - A. Yes.

Q. Give us the fair value of what was found upon Grigs, and of the others hid under the woollen rags? - A. They are worth altogether between 3 and 4 l.

Griggs, GUILTY,

Oren, GUILTY,

Of stealing to the value of 39 s.

Transported for seven years .

First Middlesex Jury, before Mr. Justice Le Blanc.

183. MARIA BOULTON was indicted for feloniously stealing, on the 7th of January , the furniture of a four-post bed, value 20 s. a pair of sheets, value 10 s. and a pair of blankets, value 10 s. the property of Henrietta Harrison .

HENRIETTA HARRISON sworn. - I live at No. 31, Warwick-street, Golden-square ; I keep a house there, and let lodgings : on the 28th of December I let a two pair of stairs back room to a person of the name of Herbert; she lived with me about a fortnight; the prisoner used to visit Mrs. Herbert, and be with her all day long; I saw the prisoner go out on the 7th of January, with a large bundle; I suspected it to be my property; I heard the rings of the bundle jingle, and I followed her.

Q. You could not discover what was in the bundle? - A. No; it was just dark, in the evening; I followed her to Carnaby-street; she went into Mrs. Trussles, a fur-shop; the Wednesday afterwards I did not go into the room, because she paid me the rent; when her week was up again, on Wednesday or Thursday night, I did not set sight of her; I went up, and discovered all the furniture of the bed and the bed-clothes were gone.

Q. Where did you find your property? - A. Some I found at Mr. Sanderland's, Vigo-lane; I took her up out of her lodgings, in Carnaby-street, on Friday; a week after I followed her with the bundle; I found nothing there but a piece of the curtains; and the other part I found at Mr. Sanderland's.

GEORGE GARDNER sworn. - I am a pawnbroker; I live at No. 120, Carnaby street; I produce two curtains of a bed; they were pledged on the 7th of January, and this piece of patch-work quilt, which was pledged two days after, on the 9th; they were pledged by a woman of the name of Mary Boulton ; I did not take in the patch-work myself, only the curtains; I have no knowledge of her person.

JAMES SLADE sworn. - I am a constable: I took the prisoner into custody, but I found nothing on her at the time; I do not know exactly the day; I believe it was the 7th; Mrs. Trussle found the key of the room door in Warwick-street, with this valence of Mrs. Harrison; it is part of the bed-furniture; I found it some days after; it matches with these curtains; the valence I had from Mrs. Trussle.

Q. Do you see where it was cut off? - A. I do not understand it; the women understand it better than me.

SARAH TRUSSLE sworn. - I live in Carnaby-street, No. 54; I keep a fur-shop; the prisoner lived with me in a furnished room; I found the valence in her room, on the table, three days after she was apprehended; I found a key of Mrs. Harrison's in the prisoner's room; I gave it to Mr. Slade.

Prisoner's defence. I took this woman in out of charity (Mrs. Herbert), as she had a helpless infant, and was out of work; I employed her in work; my work is the army-work; I took compassion on her, as she was without a lodging; I took the blankets from my own bed and lent her; she went to Warwick-street, to that good lady; she came back and said to me, I have got a lodging, will you give me a character; I said, Mrs. Herbert, I will give you one; that very day the lady came; Mrs. Herbert was washing for me; she answered the door herself, and said Mrs. Boulton was very ill in bed, and could not be spoke with; she went out of the door, and gave herself a character, and the good lady took her for a tenant; she lodged with her about a week, when Mrs. Herbert said to me, my good lady, it is out of my power to pay so much a week; if you will only let my child set by your fire-side, I shall be very happy, and Mrs. Harrison and my landlady are witnesses of the child coming to me; the child was very bad in the hooping-cough; she has brought the child to my apartments, and perhaps in half an hour she has brought in two medicines, one to anoint the child outwardly, and the other to take inwardly; I was astonished to know how she got the money; I gave her leave to bring the child in a morning, and to have water for her breakfast; she has brought the child totally undressed in a morning, merely for the child to have the warmth of the fire; she clapped the key upon the table; she seemed to put the child's damp linen on the table, and sometimes she has brought the key in the morning, and has sat by my fire all day; it was entirely out of humanity that I gave her the liberty; I told Mr. Slade, the officer, and my landlady, where Mrs. Herbert was gone to lodge; I told them, in a three-pair of stairs front room; they did not chuse to seek her; I was in the New Prison, Tothill-fields, from Friday to the Wednesday following; on Wednesday following, this Mrs. Herbert's week was up again; during that time, my friend went to enquire where the second lodging of Mrs. Herbert was, and when she wentthere Mrs. Herbert was gone, and I have never seen nor heard of her since; I have it not in my power to have a Counsellor; there was a young person that came to my landlady, where I have been taken from, to enquire after me; my landlady told her, she had a right to detain any person that came after me, which was this woman that had robbed the lodgings; since I have been in confinement, I could not see any of my friends; when they took me to Marlborough-street, they had all my duplicates and the key of my room; and they did just as they thought proper; there were three pawnbrokers at Marlborough-street; they came forward when I was examined; they could not say I was the person; I am truly innocent; I leave it to the honourable Judge and Jury.

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

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Hotham .

184. GEORGE DONOHOUGH was indicted for burglariously breaking and entering the dwelling-house of William Till , on the 20th of January , about the hour of twelve at night, and stealing therein two legs of pork, value 7 s. and a loin of pork, value 2 s. the property of William Till .

(The case was stated by Mr. Knapp.)

WILLIAM TILL sworn. - I am a publican ; I keep the Adam and Eve, York-street, Westminster ; I know the prisoner at the bar; he is a bricklayer's labourer ; he has frequented my house for about three or four months.

Q. Upon the day that your house was broke open on the night, was he there all the day? - A. No; he was at work in the day; he was at my house in the evening.

Q. What time did he leave your house that night? - A. About twelve o'clock.

Q. Was he the last person in your house? - A. He was the last stranger.

Q. Did you secure the house? - A. Yes; I was the last person up.

Q. What time did you go to bed? - A. I secured the house about a quarter of an hour after he left it, and then went to bed.

Q. At what time did you find you had been robbed? - A. A little after seven in the morning, I was told by my servant, Ann Gibson, that my house was broke open; I was up when she told me; it was getting light; then I went and looked; I saw the door-post of the back door was cut through, leading into the private place at the back door of the house, leading to a privy, and the bolt broke; it is a dark place.

Q. Where does that dark place lead to that you have thus described? - A. It leads into a privy.

Court. Q. Where is the wash-house? - A. Adjoining the kitchen.

Q. Inside of that back door? - A. Yes.

Q. How could any body get at the outside of that back door? - A. There was a wall about nine feet high they might go over; there was a brick out for a foot, near a yard and a half; and there was a paling eight feet high, and they might go over the paling, and then there is a water-buit and ladder inside, by which they got into this hole that leads into the privy, and so to the door of the wash-house; I observed in the wash-house the lid of the pickling-tub was taken off, and two legs and a loin were taken out.

Q. Had you seen them there the day before? - A. I saw the pork the very evening before.

Q. Upon that what did you do? - A. I sent for Creedland, the officer; I suspected the prisoner because he was the last man in the house, and had helped to put the pork there; and no man besides knew where it was but my own family.

Q. Did you go with the officer? - A. No; I was very much alarmed.

Q. Did you see any of your pork afterwards? - A. Yes.

Q. When you saw the pork again, did you know it to be your pork? - A. I will swear to one leg.

Q. When did you see the prisoner again? - A. After we had found the pork, the officer and I went and searched, and found him, about 200 yards off, supplying a bricklayer.

Q. What did you say to him? - A. He wanted to know what was the matter; he said he had done nothing amiss.

ANN GIBSON sworn. - Examined by Mr. Knapp.

Q. You are the servant of Mr. Till, at the Adam and Eve public-house? - A. Yes.

Q. What time did you get up that morning? - A. About seven o'clock; it was light.

Q. Tell us what you observed respecting the door? - A. I went to put my shutters where I always do; I found the door a little a-jar; the door of the wash-house that was broke open.

Q. Was that the door leading to the black-hole? - A. Yes; I observed the door open and the doorpost cut; I went and told my master.

Q. Did you know where the pork was? - A. Yes; I know that that man helped to salt that pork, along with my mistress.

Q. Was he present when it was put into the pickling-tub? - A. Yes.

Q. Had you seen the pork the night before it was lost? - A. I had seen it the day before, when my mistress took out some beef.

Prisoner. I did not help to salt it.

Q.(To Gibson.) Are you sure he was present? - A. He was present, and helped to salt it.

THOMAS PRICE sworn. - Examined by Mr. Knapp. Q. You are an opposite lodger to the prisoner? - A. Yes.

Q. Do you know the prisoner? - A. Perfectly well.

Q. Do you know any thing about this business? - A. No.

Q. Do you remember seeing him about the time the house was broke open? - A. I saw him the day before.

Q. Where did you see him? - A. At the Adam and Eve.

- CREEDLAND sworn. - Examined by Mr. Knapp. Q. You are an officer belonging to Queen-square? - A. Yes; I went to No. 11, in Gardner's-lane, York-street, Westminster.

Q. Did you find him there? - A. No, he lodged there, but he was not at home; the servant maid went, and shewed me where he lived.

Q. What room was it? - A. Adjoining to Price's, the right-hand door; the door was locked; I put my hand against the door, and found it was very loose; I pushed the door, and went in, and looked round the room; I saw the bed folded up, and turned it down, and between the sacking and the bed I found the legs and the loin of pork; I then took the pork into my possession, and I have kept it ever since; as soon as I found the pork, I said to Mr. Till, shew me where the man is; I went after him, and as soon as I saw him, I took him; I said to him, my friend, what have you done with the pork; he trembled, and seemed much frightened; nor did he know that I had got it in my custody until I got him before the Magistrate, and there he denied it openly. - (The pork produced.)

Q.(To Till.) Look at that pork? - A. That is the leg, I'll swear to it; I cut that black mark out myself; there is a part of it in now, it was a bruise; I cannot swear to the other leg; I only know it was put in salt a week before the other; I believe the loin is mine.

Q.(To Gibson.) Look at the pork? - A. I know no more than I remarked that notch in the leg; my mistress said, take it out, and make a ham of it.

Q. Who made that notch in it? - A. There was a notch in it when my mistress had it out, and hung it up for a ham.

Prisoner's defence. The constable told my friends my trial would come on on Monday; a lady was here then, she is not here now.

Creedland. I told no person whatever; I have not seen any lady.

GUILTY , Death , aged 46.

Recommended to mercy by the Jury, supposing he had drank too much liquor that night.

First Middlesex Jury, before Mr. Justice Le Blanc.

185. SAMUEL HARTLEY was indicted for feloniously stealing, on the 8th of February , two waistcoats, value 8 s. the property of William Wakefield and John Hood .

WILLIAM WAKEFIELD sworn. - I live at No. 143, Whitechapel-road ; I keep a sale-shop ; I am in partnership with John Hood : On Wednesday the 8th of February, about half after six o'clock, as I was folding some things in the shop, I heard a noise; I turned round, and missed two waistcoats; I was inside of my shop, with my back to the door; they were pinned to a coat that was hung up against the partition near the shop door; I went to the door, and saw the prisoner at the bar running; I pursued and took him; I suppose he ran about four or five hundred yards or more.

Q. Was he ever out of your sight? - A. Yes; he was turning round the corner, I missed sight of him; he made great resistance; he had the two waistcoats under his jacket when I took him; I told him he must come back again; I offered five shillings to any body that would assist me, but they would not; I was used very ill indeed several times; I brought him back, and sent for an officer; the officer has got the waistcoats here; I am sure they were taken from the inside of the shop.

THOMAS GRIFFITHS sworn. - I am an officer; I was sent for between six and seven in the evening to take the prisoner at the bar into custody; I took him; the waistcoats were delivered to me. - (Produces them, and identified by the prosecutor.)

Prisoner's defence. A person came up to me in Whitechapel, and asked me if I would buy a waistcoat; I told him I did not want any; he told me he had a couple, he was going to fetch them from his uncle's; after he had shewed me them, he gave them to me to carry, and this gentleman came after me, and took me.

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

GUILTY , aged 18.

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

First Middlesex Jury, before Mr. Baron Hotham .

186. JERRETT MACKNEVIN was indicted for feloniously stealing, on the 3d of February , a silver watch, value 14 s. and a pocket handkerchief, value 6 d. the property of Richard Trow .

RICHARD TROW sworn. - I am servant to my father, he is a cow-keeper; I had been to Wapping to get a load of grains with my father's waggon; the carter drove the waggon; I was coming back, and Mr. Davis came back in company with me; Mr. Davis fell in company with this woman, and they both agreed to go up in the waggon; the woman got up in the waggon first, and Mr. Davis afterwards; then I went up, and we all remained in the waggon till we came to London-wall , and at London-wall the woman wanted some drink; we stopped there; Mr. Davis went to get something for the woman to drink, and while Mr. Davis was gone, the woman asked me to give her sixpence; I gave her sixpence; I felt her hand at the fob of my breeches;I did not search her that moment, but a little while after I did.

Q. How came you, when you found her hand at your fob, not to put your hand there too? - A. A little while after I accused her of taking my watch and handkerchief; she very strongly denied it; my little brother was with me; he made answer and said, he saw her put something in her bosom; she wanted to go down; Mr. Davis had gone home; I told her she should not go down till I searched her, and she pulled her things off, to shew us she had not got the watch; she wanted to go down again; we detained her till we came to the bottom of Clerkenwell-green.

Q. Was it night or day? - A. It was half past ten at night when we took her in the waggon; we gave charge of her at the watch-house in Ray-street to the officer of the night; he searched her, and could not find it the first time; my little brother said to him, she put something in her bosom; the constable then found it under her arm-pit; she had a waistcoat next her skin; I saw the constable find it.

Q. Were you sober? - A. I was not very sober, nor very tipsy.

JOHN IZZARD sworn. - I am an headborough of the parish of St. James, Clerkenwell.

Q. Do you recollect a waggon coming by, and a woman given in charge? - A. Yes; I searched her the first time, and could not find the watch; the little boy said, I am sure she put something by her right breast, and his brother was rather in liquor.

Q. Did you ask her whether she had it? - A. Yes; she denied it, and called me a blackguard, and every thing that was bad; I searched her again, and we felt there was a something there in her flannel waistcoat, with a kind of a pocket, as if it was made on purpose; that is my watch I'll swear, says he; I then searched for the handkerchief; the little boy said, upon the top part of the handkerchief there is a red spot, like a spot of blood; I pulled her handkerchief off, and found the prosecutor's handkerchief put twice round her neck, with a little knot tied: the man was not quite sober; after the prosecutor was gone, she said the carman persuaded her to do it; he said to her, the young man has a watch; he does not know how to wind it up; it is of no more use to him than a turnip. - (The watch and handkerchief produced, and identified by the prosecutor.)

THOMAS TROW sworn. - Q. You were in the waggon at the time? - A. Yes.

Prisoner. He was not in the waggon.

Trow. I was in the waggon part of the time the woman was there, but not when she got up.

Q. Did you see her put any thing in her bosom? - A. Yes.

Prisoner's defence. There was another woman with me; she would not come with them; she told them she would not give a d - n for them; they took me by main force, I did not want to go with them; there was another man with him, and the man that drove the waggon and this boy; they took my bonnet off; I said, I'll not go up; I did not know the streets; they said they would take care of me; they put me in the waggon; this young fellow said, we'll take you back again; go, says he, they will give you any thing to eat or drink, or what you want; I said I would sooner go home; this man and the other man came into the waggon; they wanted to force me; they cuddled me up, and there the watch fell out of his pocket; the waggoner told me to keep it; he gave me a sixpence out of his pocket not worth a farthing. I have not a friend nor witness in the place.

GUILTY , aged 30.

Transported for seven years .

First Middlesex Jury, before Mr. Justice Le Blanc.

187. THOMAS LEE was indicted for feloniously stealing, on the 30th of January , four chimney ornaments, value 20 s. the property of Edward Page .

EDWARD PAGE sworn. - I live in Goswell-street , and am a broker : On the 30th of January, about five in the evening, I was in my shop; Thomas Parker , a publican's lad, informed me that the chimney ornaments were taken away by some lads; I run to Pear-tree-street; there I saw them with the ornaments in their hands; they were running, but slowly; I pursued them, without making any alarm, for a considerable way; they hearing me run, they run as fast as they were able; I then cried, stop thief! they threw the images down in the street; I pursued them, and at the end of that street I took Thomas Lee , the prisoner; he resisted, and asked me what I wanted with him; I told him, if he would come back I would shew him; he told me it was of no use to hold him, or resist, for there were sixteen of them; a few people came round, and I brought him back to the place where the ornaments were thrown down; I held him with one hand, and picked the ornaments up with the other (produces the ornaments); I value the four at thirty shillings.

Cross-examined. Q. Was it very light then? - A. No, it was not very light.

Q. And yet you could see them with the ornaments twenty yards off? - A. It was light enough for that.

Q. Were they on the outside of the window for a shew to attract people - was there not room enough for them in the shop? - A. We wish to expose every thing we can; I think it is my duty so to do.

THOMAS PARKER sworn. - On the 30th of January, about five o'clock, I saw two lads take some chimney ornaments that were standing at the window; I called to Mr. Page, and he and I ran after them; I saw the prisoner drop one of them; Mr. Page picked it up.

Cross-examined. Q. Mr. Page has told us it was not very light? - A. It was about five o'clock I called to Mr. Page.

Q. You lost sight of them then? - A. I only called to Mr. Page, I am sure of that; Mr. Page came directly; they were only across the way when Mr. Page came out.

- PALMER sworn. - I am an officer, and was sent for on the 30th of January; the prisoner refused to go without an officer; Mr. Page gave me charge.

GUILTY , aged 17.

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

First Middlesex Jury, before Mr. Baron Hotham .

188. JOSEPH M'GARVEY was indicted for feloniously stealing, on the 4th of February , a Morocco case, value 2 s. two stone broches set in gold, value 7 s. and a seal, value 2 s. the property of Frederick Chaband .

FREDERICK CHABAND sworn. - Q. Have you any partners? - A. No; I am a Swiss.

JAMES DAVIS sworn. - Q. Did the prisoner live Mr. Chaband? - A. Yes, he lived with him about three months; he came to us in November, and left us in January, I believe the 14th; we had missed two articles, a gold seal, commonly called a pump seal, and a pair of ear-rings; I remember seeing them in our stock the 6th of December; I am sure we had not sold them; after the prisoner left us, we had some information; the officer has them now.

RICHARD TIPPET sworn. - I am an officer: On Thursday the 2d of February, I was sent for to take the prisoner; in searching his box for other things, I found this little red Morocco case; there were in this case a couple of broches, and several duplicates, which lead to the discovery of the seal; I asked the prisoner how he came in possession of those duplicates; he answered, they were his own; I then asked him where he had been employed; in consequence I gave information to Mr. Chaband, finding he was a jeweller.

BENJAMIN DEAN sworn. - I am a pawnbroker, and live at No. 13, Folk-court, Gray's-inn-lane, I produce a seal; I took it in on Saturday night the 7th of January, I am almost positive. (The articles produced and identified.)

The prisoner did not say any thing in his defence, but called two witnesses, who gave him a good character.

GUILTY , aged 15.

Confined one month in the House of Correction .

First Middlesex Jury, before Mr. Recorder.

189. FRANCES MOIRE was indicted for feloniously stealing, on the 24th of December , a silver cream-pot, value 20 s. the property of John Bowen .

ALICIA BOWEN sworn. - I am the wife of John Bowen , and live in Brewer-street; I lived, when this was done, in Church-street, Soho : I lost a silver cream-pot on the 24th of December out of my lodgings; I was taken very ill in the street; the prisoner asked me if she should see me home; she was a stranger to me; she saw me home, and I fainted away when I got home; the prisoner went away.

Cross-examined by Mr. Clifford. Q. What time of the day was it? - A. About four o'clock.

Q. Can you recollect how you had been drinking that afternoon? - A. I met with an acquaintance, a painter and glazier, in an empty house; he was within the empty house, and tapped at the window to me; I went in, the prisoner was with him.

Q. What time of the day was it you went into the house? - A. About one; I staid there about a quarter of an hour, and went to a public-house, and had something to drink.

Q. You, and the prisoner, and this other person? - A. Yes, the man is a master glazier.

Q. And there you had some purl and gin? - A. No.

Q. Will you swear it was not purl and gin? - A. No, I will not.

Q. How much purl and gin did you drink that day? - A. I do not know how much we had.

Q. From a quarter after one till four o'clock, you drank a great deal, and you were taken ill in the street as you were going home, you got so drunk? - A. No, I was not ill with drinking, I was ill before.

Q. When was that? - A. A fortnight before.

Q. You thought purl and gin would be a good remedy - do you mean to say you were sober when you went home? - A. I do not know that I was sober.

Q. Do you recollect that when you got home, you were not satisfied with what you had at the public-house, you had more when you got home? - A. No.

Q. Do you recollect sending that woman to pawn the mug? - A. She took it clandestinely out of the room.

Q. Did she never give you the ticket? - A. She said she left it with Mr. M'Larin.

Q. She told you where it was? - A. Yes, she did; I went after her to the same house where she was with Mr. M'Larin, and told her she took the pot; she told me where she had pledged it.

Q. Did not she pay you the money, the twenty shillings, that it was pledged for? - A. No.

Q. Then you saw her that evening - what is thereason that you did not go before a Magistrate before five weeks? - A. I did not know where to find her.

Q. You could not call an officer that night? - A. I did not.

Q. Because she had told you where it was pledged, and gave you the money, that was the reason - do you know a person of the name of Days? - A. No.

Q. Did you ever attempt to seek for this woman for five weeks? - A. I did; I spoke to Mr. Slade, the constable.

Q. You know this glazier? - A. Yes, he lives in Little St. Martin's-lane; I went to him, and he said he knew nothing about her.

Q. Who went with you when you went to Hicks's-hall to prefer this bill of indictment? - A. Nobody but the prisoner's husband.

Q. Did the prisoner's husband give you any money? - A. No, I never received a farthing.

Q. You never received half-a-guinea, nor seven shillings, nor three shillings and sixpence, and never said, I'll take care when I have got this money, I'll humbug the Jury? - A. No, I never said such a thing.

Q. Who paid the expences at Hicks's-hall, did not the woman's husband? - A. I do not know any thing about it, I never paid for it.

Q. How did you happen to go with that woman's husband to Hicks's-hall? - A. He came up to me, and asked a favour.

Q. And you granted a favour, if he would pay the expences at Hicks's-hall? - A. That woman's husband did not pay the expences.

(The pawnbroker produced the cream-pot, which was identified by the prosecutor.)

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Hotham .

190. LOUISA COPPOCK was indicted for feloniously stealing, on the 23d of January , a gown, value 12 s. a petticoat, value 8 s. and a cloak, value 2 l. the property of Charles Gapper and Mary-Ann Gapper .

MARY- ANN GAPPER sworn. - I am the daughter of Mr. Charles Gapper .

Q. Your house is in Dyer's-buildings, Holborn ? - A. Yes; I have known the prisoner from three quarters of a year old, she lived next door neighbour to me till within these two years; we went out of town at Christmas last, and left Jane Cotton , and Edward Cotton , her husband, in the care of our house.

Q. When did you return? - A. On Monday the 23d of January last.

Q. When you came to town, did you miss any of your property? - A. I had occasion to go to my drawers; I put my key to unlock it, and to my surprize the key went quite in; I found the lock was off, and in the drawer, and a gown and petticoat were missing; I came down stairs, and told my mother I had been robbed; my mother then was fearful there were more gone; we looked again, and she missed her best cloak.

Q. You communicated your suspicions to Cotton and his wife; in consequence of that, was the prisoner apprehended? - A. We asked them if they had let any body come to the house, and they said the prisoner; the prisoner had been forbid the house for some years past.

Q. Did you leave the drawer, in which your gown was in, locked? - A. Perfectly so.

Q. Were you present when the prisoner was apprehended? - A. Yes; she was apprehended on the 27th of January, at No. 19, Theobald's-road; the constable apprehended her below stairs; he secured her, and then went up stairs for her box.

Q. How did you know where to find her? - A. We heard of it by accident; I saw the box brought down stairs; my gown and petticoat was in it.

Q. On their being brought down stairs, what did the prisoner say? - A. Not a word; the prisoner was then brought to Dyer's-buildings, and searched by the constable; a duplicate was found on her; she did not say a word then.

JANE COTTON sworn. - Q. Were you left in the care of Mr. Gapper's house? - A. Yes, with my husband; I knew the prisoner at the bar for near two years; she came to my master's house when he was out of town, on Tuesday, the 2d of January, and asked me if I would let her sleep in the house a few nights; I told her I would, I could do such a thing, but I was afraid of getting anger of my mistress.

Q. Had you received any direction from your mistress not to do it? - A. I had; she then told me that I need not be afraid, for she had called that week that Mrs. Gapper went out of town, and she was very partial to her, and that she made her a present of half-a-crown, at that I told her I would let her sleep with my little boy; she came the Thursday following.

Q. Did she sleep there? - A. Yes, she slept with me.

Q. Had she access all over the house? - A.Not that I know of.

Q. Were the room doors locked? - A. No, none; she went away when the family came home; I suspected her myself before she went, by going up stairs to lay the carpet down against my master and mistress came home; as I turned the carpet down, two bundles of silk fell out, which I had put by the week before; I questioned her whether she had taken any thing out of the house.

Q. What silk was it? - A. A cloak, which had been laid by for mourning; I asked her whether she had touched any thing else; she said, no, she never put that there; I told her there was nobodyin the house to touch it but her; she then confessed.

Q. Did you communicate your suspicions to your master and mistress when they returned? - A. No, to my husband.

Q. Had you never been up to the drawers in that room? - A. I had not.

Q. Your husband, you, and the prisoner, were the only persons in the house? - A. Yes; when she went away, she told me she was going to live at Deptford at her old place, where she had lived twice.

JAMES TURNER sworn. - I am constable and street-keeper to St. Andrew's, Holborn: On Friday, the 27th of July, I was sent for by Mr. Gapper's family to take the prisoner in custody; I went to Mr. Sadler's, where she was to have been hired for a servant, in Featherstone-buildings; I found she was not there; we then went to No. 19, Theobald's-road, Mrs. Gapper was with me; we went into the house, and there Mrs. Gapper told me that was the prisoner; I took her in custody; the woman of the house went up with us, and shewed us her bed-room; I went in, and found a little box, and this gown and petticoat were folded up in it, (producing them); I brought it down stairs where the prisoner was; she said not a word; I took her to Dyer's-buildings, and searched her, and found one duplicate for a cloak she had pawned for six shillings, and a few halfpence; I took her to the Compter.

Q. What did you do with the duplicate of the cloak? - A. I kept the duplicate, and Mrs. Gapper went that same evening to Drury-lane to the pawnbroker's; I don't know his name; he gave up the property at Guildhall.

(The property was produced, and identified by Mrs. Gapper and Mary- Ann Gapper .)

Prisoner. The lock of the drawer was broke before I opened the drawer.

GUILTY,

Of stealing to the value of 39 s.

Confined one month in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

191. MARGARET TEDMAN was indicted for feloniously stealing, on the 11th of February , a seven-shilling piece , the property of Thomas Carter .

THOMAS CARTER sworn. - I am a butcher , and live at No. 15, Bear-alley : I lost a seven-shilling piece that was in my drawers, there were ten guineas in the whole; some were half-guineas, some seven-shilling pieces, and some guineas; I put them in my drawer about twelve o'clock; I suspected I had lost some before, and so I had them marked; one seven-shilling piece was gone before night; she had been a pretty good girl till now.

Q. What does your family consist of? - A. My wife, and my wife's sister, who is seventy-one; she can hardly go up and down stairs.

Cross-examined by Mr. Gurney. Q. You had so good an opinion of her, that you took her to the Castle, and gave her some dinner there? - A. Yes, I gave her some victuals; I did not eat any myself.

Q. You had a good opinion of her? - A. Yes, and so had my wife.

Court. Q. And you would take her home now? - A. No, I would not do that; I don't want to hurt her.

Q. How many seven-shilling pieces were there? - A. They were all marked - the seven-shilling pieces, the half-guineas, and the guineas; my son-in-law marked them.

Q. What were they marked with? - A. With a W, and a notch under the crown.

Q. When you charged her with this seven-shilling piece, what did she say? - A. She said she had it not; the constable found it on her.

- sworn. - I am a constable of Hatton-garden: Mr. Carter told me he had been robbed by a servant girl; I went with him to the prisoner's-brother in Laystall-street, where I found her; I searched her, and found the seven-shilling piece that Mr. Carter had described to me.

PETER WEAVER sworn. - Q. You marked the pieces of money? - A. Yes, this day week, about eleven o'clock in the morning; I marked them with a W on the crown side, and a notch on the other side.

Q. How many seven-shilling pieces were there in this money? - A. There were ten guineas in the whole; I cannot say how many seven-shilling pieces, or how many half guineas.

Q.(To Carter.) You entrusted your son-in-law to mark them? - A. Yes, and I gave her some victuals, I thought very well of doing so, before she went to prison; she did not know, poor thing, where she was going to; I do not wish to be in any trouble.

NOT GUILTY .

London Jury, before Mr. Recorder.

192. JOHN SMITH was indicted for feloniously stealing, on the 26th of January , a pair of breeches, value 5 s. the property of David Windsor .

It appearing the prisoner was subject to fits, and an idiot, he was

ACQUITTED .

London Jury, before Mr. Recorder.

193. FRANCES COSTEN was indicted for feloniously stealing, on the 24th of January , two yards and a half of lace, value 5 s. the property of Owen Parry .

ELIZABETH PARRY sworn. - I am the wife of Owen Parry , and live at No. 64, Barbican : On the 24th of January, about half past twelve o'clock, I was behind the counter, our young man was with me, he is not here; the prisoner came in to see some white lace; she asked me the price of some; I told her that was rather narrow at theprice, not thinking from her appearance she would go to the price; I told her we had plenty lower; I took several out of the window, and she did not approve of them; I took a lace drawer out with eighty-three lengths of lace, they were all a yard and a half in length; I shewed her several out of the drawer, and she told me she should like something not quite so high. I shewed her several lower then, and she seemed to be dissatisfied with them; I asked her what price she would go to; she said she did not know. The first I shewed her was three shillings and ninepence a yard; I asked her if she would go to that; she said, she would, if she could get a good one; I knew them to be good I had shewed her; I suspected her, and said, stop, I will look, I think there is one missing; she told me I must find it; I told her I intended to find it before she went out of the shop; she asked me whether I thought she had robbed the shop; I told her I would say no farther till I was perfectly satisfied. We counted the lace over again, and I found it one short; I then told her I was sure. She asked me whether I was not ashamed to accuse her; I told her, no, if she was not ashamed to steal, I was not ashamed to accuse her. She insisted upon leaving the shop; I told the young man to go to my next door neighbour, Mr. Ellis, she had cheated him out of a yard of dimity; she insisted all the time she had not got the lace; I told her the pattern and the price. I then told our young man to get a constable; the constable came, and found the lace upon her; I searched her myself, the constable was present; she had two shawls on, it was in the under shawl. During the time she was there, two persons came in, our young man is not very careful, and while he was serving them, I cast my eye now and then to look at them; in the mean time, the lace was gone; we were both behind the counter.

Cross-examined by Mr. Alley. Q. There were two other customers - there were five of you in the shop during the time she was there? - A. Yes, for a short time.

(The lace was produced by the constable, and identified by Mrs. Parry.)

Prisoner's defence. I do not recollect what happened that day; I was in a great deal of trouble; I had buried a child.

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

GUILTY , aged 34.

Confined three months in Newgate , and fined 1 s.

London Jury, before Mr. Recorder.

194. JOSEPH SMITH was indicted for feloniously stealing, on the 14th day of February , a pewter quart pot, value 1 s. and two pewter pint pots, value 1 s. the property of Richard Smith .

RICHARD SMITH sworn. - I live in Red-Lion court, Fleet-street, and am a publican ; on Tuesday morning this man was brought to me, a little before nine in the morning, with three pots of mine in a basket.

JOHN BROWN sworn. - On Tuesday, the 14th of February I was coming home, a little before nine, and saw the prisoner at the bar go and open my door, with a basket under his arm; I directly went in and asked my wife who that was; she said she did not know any body was there; I looked and saw the pots were gone; I ran after the prisoner, and caught him in Johnson's court; I asked what he had got there; he said nothing belonging to me; I took the basket down from his shoulder, and took hold of him, and said he must go with me to Mr. Smith's; he refused very much to go; and then Mr. Smith sent for a constable; I waited till the constable came; I marked the pots.

(The constable produced the pots, which were identified by the prosecutor.)

Prisoner's defence. I was going past, and took and opened the door, and put the pots in the basket; I was going to carry them to Mr. Smith; I told him I was going to carry them to Mr. Smith.

GUILTY , aged 54.

Confined three months in Newgate , and publickly whipped .

London Jury, before Mr. Recorder.

195. FREDERICK WYBAN was indicted for feloniously stealing, on the 22d of January , sixteen pounds weight of indigo, value 16 s. the property of William Dechamp and Stepenson Morgan .

JOHN FORRESTER sworn. - I am a patrol belonging to Portsoken-Ward; on the 22d of January last, between the hours of six and seven in the evening, I stopped the prisoner with a bundle under his arm, and asked him what he had got; he told me clean clothes; I made answer, he might as well say coals, they were hard enough; I asked him again what it was; he said he did not know; I told him he must go along with me; he said, for God's sake, do not hurt me; I made reply, I'll not hurt you; I took him in a liquor-shop, the corner of Goodman's yard, in the Minories, and opened it, and it proved to be indigo; I took him to the Compter, and carried him before the Lord Mayor; I have the property here.

WILLIAM DECHAMP sworn. - I am a merchant and dry-salter ; I live in Suffolk-lane; I examined it when it was brought to the Mansion-house, and found it was marked, one stone SK and the other EM; there are some broken pieces in this parcel; I have some at home that corresponds exactly; the bottom of the drawer where the indigo was taken from is filled up with rubbish.

Q. Was this your man? - A. No; I never saw him before.

Q. Are you able to say this is your indigo? - A.No; I will not swear it; I really believe it is mine; I certainly have lost the indigo; he told me he got it of a man of the name of Wilson.

Q. Is not all indigo marked alike? - A. Yes; there are three different sorts here; it is very unlikely for any man to have three different sorts of indigo, which three sorts I have lost, and, on weighing it, I have the deficiency in each to correspond.

HUGH JONES sworn. - I live at Mr. Dechamp's; we had missed a quantity out of each chest; according to the marks that are found on the prisoner, they correspond with each other.

Prisoner's defence. May it please your Lordship, an acquaintance of mine, a seafaring man, ordered me to go over to the Borough to him, to meet him in such a place; I went there, and he gave me this indigo to dispose of; he told me he was going to see his father and mother, in Northamptonshire.

NOT GUILTY .

London Jury, before Mr. Recorder.

196. PATRICK HUGHES was indicted for feloniously stealing, on the 19th of January , fifteen pounds weight of soap, value 7 s. the property of James and John Nowlan .

JOHN NOWLAN sworn. - I have a partner, James Nowlan , and live in Charles-street; about the 19th of January, near eight o'clock, John Forrester , a patrol, enquired if we had lost or sold some soap: upon this information, I went to where the prisoner was in custody, in Houndsditch; I there found the prisoner with 15 lb. weight of soap, tied up in a canvas apron; I asked him how he came in possession of it; he said, he had brought it from the manufactory, and I should find it entered in my books; I told him I knew it was no such thing; I had made enquiry before I left home; I opened the parcel, and, among many other pieces, I pointed out to himself and the patrol two pieces which were yet warm, which bore a strong resemblance to some we had then ready to cut out of the frames, of which we had sold none to the retailers; he still persisted in the story; I sent him to the Compter; before the Lord Mayor, he said he bought 7 lb. at our manufactory, on the 7th of December, and the remaining part he had bought of a Mr. Bicknell, who has not been in trade above seven months; he is a bankrupt; there are two pieces of the soap I have a strong opinion are of my manufactory, and not having sold it to any retailer in London.

Q. How long has he worked for you? - A. He came in our employ in a deplorable case; we took him out of charity; we did every thing to assist him.

JOHN FORRESTER sworn. - On the 19th of January, about twenty minutes past seven o'clock, I perceived the prisoner at the top of the Minories, next door to the church; I saw a bundle under his arm, and waited to see which way he went; he went down Church-row; I followed him from thence to Houndsditch, and within forty yards of Gravel-lane, Houndsditch, I stopped him, and asked him what he had got; he told me, soap; I asked him what he was going to do with it; he said to take it home; I asked him which he called home; he said, just down here; I asked him what use he made of it at home; he said his wife was a washerwoman; I asked him where he brought it from; he told me from Mr. Nowlan's manufactory; I asked him whether he took so much home every night; he said his master sold it him; he could get it cheaper at his master's than at a retail shop; I went to Mr. Nowlan's, and told him I had stopped a man of the name of Hughes, with 15 lb. of soap; Mr. Nowlan came with me.

Prisoner's defence. On the evening I was taken, Mr. Nowlan was sent for; he said to me, you have robbed me in a pretty manner; I can nearly swear you have been cutting the cakes of soap to-day; I said you are wrong; I have had it of you some time back; if you refer to your books, you will see that I was to pay you on Saturday night; and before the Lord Mayor, he could not identify the soap so well as he could the night before; now said I, if you had brought a sample of the soap, you would have satisfied my Lord Mayor and me both, and next day I was brought before the Lord Mayor, Mr. Nowlan brought a piece which he thought would come nigh the piece there as possible; he took a wire and cut in the two pieces; there was a difference in the two pieces when cut; he would not shew the two cakes to my Lord Mayor, and as to his saying the soap was warm, I carried it under my arm for a mile, the heat of my body might heat the soap; I appeal to Mr. Nowlan for my character.

Q.(To Nowlan.) What has been his general character? - A. I have known him for these twelve months; his general character has been always honest; I placed a great confidence in him; indeed he has lived with Mr. Jones, of Shoreditch; and with Mr. Bicknell, formerly of the Maze. I wonder he has brought me forward to his character.

GUILTY , aged 44.

Transported for seven years .

London Jury, before Mr. Recorder.

197. THOMAS HASLER was indicted for feloniously stealing, on the 30th of January , two hundred pounds weight of iron, value 8 s. one thousand nails, value 10 d. sixty screws, value 6 d. and twelve keys, value 6 d. the property of Edward Webb .

EDWARD WEBB sworn. - I live in Britannia-street,Battle-bridge ; the prisoner was my servant ; I have known him seven or eight years; Bateman, the officer, brought a parcel of screws, nails, and old iron, to me, on the 30th of January, and asked me if they were my property.

Cross-examined by Mr. Knapp. Q. This man, when he was first charged, was committed to take his trial at Clerkenwell Sessions, for stealing goods to the amount of 8 d? - A. No.

Q. Was not he committed for stealing goods to the amount of 10 d? - A. No.

CHARLES BATEMAN sworn. - I am an officer: on the 30th of January I met the prisoner, just by Bagnigge-Wells, about six o'clock; he had a bundle under his coat; I stopped him, and asked him what he had got there; I told him not to be alarmed, I was an officer, and insisted on knowing what he had; in the mean time, a gentleman was coming by; I asked him if he knew the prisoner; he said he did; I then asked him where he worked; he told me that he worked in Britannia-street, for one Mr. Webb; I then took him back to Battle-bridge, and left him in custody of another officer, while I went to Mr. Webb's house with the property that I had taken from him; he told me, after the gentleman came, for whom he worked; I took him, by the desire of Mr. Webb, to Bow-street; after that, I searched his cupboard, and found a great quantity of old iron, the property of Mr. Webb.

(The property produced, and identified by the prosecutor.)

Mr. Knapp. Q.(To Webb.) There are a thousand of them nails, Mr. Webb? - A. Yes.

Q. There is a mark on them; a shop-mark? - A. Yes; it is the shop-mark that we have to sell by; this mark we put on ourselves; sometimes my wife or my son; and I mark some.

Q. Do you sell them in papers with that mark? - A. Yes.

Q. You have dealt in that article a considerable time; how can you tell but that you may have sold those very articles? - A. I cannot say any thing to that; but these hooks which are not in the indictment were made but a week ago, and the screws.

Court. Q. There is some old iron; what are these? - A. It is nut iron; waste iron that is cut off, after working it; we pack it up to send in the country to the mills.

Mr. Knapp. Q. With respect to the hooks, they are your man's work? - A. They are; I am well acquainted with his work.

- ALEXANDER sworn. - I am an officer; as I was on regular duty just by Bagnigge-Wells, we met the prisoner; we asked him what he had got there; in the mean time, a gentleman coming by, he said he knew the man; he worked for Mr. Webb. Charles Bateman left him in my custody, while he went to Mr. Webb.

Prisoner's defence. I was in the same business twenty years, and worked for Mr. Hadley and Justice Haslet Barnet.

Q. What do you say respecting this old iron? - A. It is some of my own property that I had when I left off business; I kept it; I did not know how soon I should go in business in again.

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

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

198. JOHN PALMER and SARAH HUDSON were indicted for feloniously uttering and putting away, on the 21st of January , a forged and counterfeit Bank note, for the payment of 2 l. with intent to defraud the Governor and Company of the Bank of England .

Second Count. For feloniously disposing and putting away a like forged and counterfeit note, on the same day; they knowing it to be forged and counterfeited, to defraud John Shaw .

And Two other Counts, varying the manner of charging the offence.

(The indictment read by Mr. Giles, and the case stated by Mr. Fielding.)

WILLIAM JOHNSON sworn. - Examined by Mr. Fielding. Q. You are shopman to Mr. John Shaw ? - A. Yes, at No. 91, Newgate-street .

Q. Do you remember at any time in January the prisoner at the bar, Sarah Hudson , coming into your shop? - A. On Saturday, the 21st of January, about one o'clock in the afternoon.

Q. What did she come for? - A. To purchase two muslin handkerchiefs; she tendered a 2 l. note, and, from its general appearance, I had a suspicion it was a forged one; I communicated my suspicions to a fellow shopman, and desired that he would take the note for inspection, his name is John Shaw.

Q. Did you inform the prisoner that you should take it to the Bank? - A. I did; I told her that I had suspicion that it was a bad one, and that I should send to the Bank; she objected to that, and said, if you will give it me again, I know where I had it, and I will get it changed; I then delivered it to John Shaw, and he went to the Bank with it.

Q. What became of the woman? - A. She said she would go along with him; she went out of the shop with him.

Q. When did you see the prisoner again? - A. Near eight o'clock in the evening.

Q. Did she come alone? - A. She came in company with the other prisoner, Palmer.

Q. You are sure that note you delivered to Shaw was the note she gave you? - A. Yes; about eighto'clock the same evening, the two prisoners came, and the prisoner Palmer said, this woman has been here to-day, and offered a 2 l. note, which you have stopped; he asked the reason why we stopped it; he said it was his note; he must either have it or the change; we said the note had been sent to the Bank, and, in consequence of that, we could not return it; he repeatedly insisted on having the note or the change, saying that it was his; in the interim I sent for an officer.

Q. Did he say where he got the note from? - A. He did not say where he got it from; but he knew where he got it from; he said that it was a d - d piece of business that he must be at the loss of the note; they were taken into custody immediately; on going out of the door, Hudson said, you must be at the loss of it.

Cross-examined by Mr. Alley. Q. It was in the morning you saw the woman that came and tendered that note? - A. It was about one o'clock.

Q. She returned in the evening? - A. Yes.

Q. Did you tell her that you would send to the Bank? - A. I communicated my intention to her.

Q. You would not have known where to find her, if she had not come? - A. No.

Q. After you had refused to take it, she said to Palmer, then you must be at the loss of it? - A. Yes.

Q. The man was a stranger to you before? - A. Yes.

HENRY TERRY sworn. - Examined by Mr. Giles. Q. You are a constable; did you take the prisoners into custody on the 21st of January last? - A. Yes.

Q. Where did you take her into custody? - A. In Mr. Shaw's shop.

Q. Did you hear them say any thing when you took them? - A. When I went into the shop, I was immediately ordered to take them away; the prisoner, Palmer, said he did not chuse to be handled; I said, will you go peaceably and quiet; he said he would; they both were very quiet with me; I followed behind; he said to the woman, how came you by the 2 l. note; she said to him, you gave it me, and a great many more; I did not hear them say any thing else.

Cross-examined by Mr. Alley. Q. They walked very quiet. - A. Yes.

Q. Did you search them? - A. I never searched them.

Q. Do you know that they were searched as soon as they got to the Compter, and no notes found on them? - A. I know nothing about it.

Q. Do you know whether their lodgings were searched? - A. I only know by hearsay.

JOHN SHAW sworn. - Examined by Mr. Giles.

Q. Were you in the shop when the prisoner came in? - A. I was.

Q. You saw the note which she had tendered? - A. I did.

Q. Did you carry that note to the Bank? - A. Yes; there are some marks that I made on it.

Q. To whom did you deliver it? - A. To the inspector, Mr. Needham.

THOMAS NEEDHAM sworn. - Examined by Mr. Fielding. Q. Be so good as to look at this note (the note handed to him); was that note delivered to you on the 21st of February? - A. It was.

Q. Is that a counterfeited note? - A. It is a forged note.

Q. Who gave it you? - A. The young man that went down last.

Court. Q. It is a forged note? - A. It is one.

Q. You are inspector of the notes? - A. I am; it is a forged note altogether; the paper and every thing is forged. (The note read in Court.)

GEORGE HOWARD sworn. - Examined by Mr. Giles. Q. Where do you live? - A. I live with Sir Thomas Week, as a servant, in the Fleet; he pays me so much a week, during the time he is there.

Q. Do you know the prisoners at the bar? - A. I have known them both about ten months.

Q. Where did you become acquainted with Palmer? - A. At the Rose, in the Old Bailey.

Q. Do you remember what time in January you saw him? - A. On Thursday, the 19th of January, I saw him with a man of the name of Hughes; I am perfectly sure that Hughes, Palmer, and me, were at the public-house; Mr. Hughes came from the country, and wished to make some purchase, and wished me to go with him; Palmer said he would be of service to me, and put some money in my pocket; I went out with Palmer, and we found Hughes.

Q. Did you see Palmer again on that day? - A. No; on Friday morning he asked what passed during the evening between me and Hughes; I told him that Hughes offered me a note that was forged; Hughes told me that it was forged, but it was as good as a real one.

Q. Did you tell him what Hughes wished you to do with that note? - A. I told him that Hughes had made a proposal of some forged notes; I refused it; Palmer said, you are a fool, I have got some myself; I told him Hughes said I should have half, if I would make use of them, for I was just the man that would do for it; Palmer told me that I was a fool; and shewed me a 5 l. note, a 2 l. note, and a 1 l. note; I understood they were forged notes, and that he had a quantity, which he had from Hughes; after that, I saw Hughes; he came into the Rose the same day, Friday, the 19th of January, and Palmer was there.

Q. He shewed you three notes; where did he take them from? - A. He took them out of his pocket.

Q. Did he shew you any more? - A. No; not at that time, Hughes came into the Rose the same day again, and Hughes and Palmer said I was acoward, that I had refused the notes, and told me I was a d - d, fool, and abused me intolerably; then Hughes made a second proposal for me to take some notes, and pulled them out of his pocket, and laid them on the table; he took a good one-pound note, and laid it on the table on the side of the bad one, and compared them together, and said, d - n me, look at this, and see if you can see any difference. To all this I declined; then I was repeatedly abused by them; I begged them to let me alone.

Q. Did Palmer tell you where he kept them? - A. The box was in a dark sitting-box at the Rose; the table is in the room where the box was.

Q. Did Palmer go up to the box? - A. He went up to the box, and took something out, and put something in, but what I could not plainly see, the place was dark.

Q. Did Palmer live at the Rose? - A. He slept there frequently, but not constantly, I believe.

Q. Did you see Palmer again on Saturday - what said he to you then? - A. I don't know that any thing passed very particular then; Hughes then came in, and made another offer for me to take some notes; he again pulled out some notes, and wanted me to write my name, or any other, upon them; I asked him if he would wish me to write my own death-warrant.

Q. Do you recollect seeing the prisoner Hudson there on Saturday? - A. Palmer sent for Hudson to make a purchase.

Q. Did you see Hudson in the morning? - A. No, I was not near her.

Q. Where was she, when Palmer sent for her? - A. Out, in the Old-bailey; Palmer went out, and I saw her speaking to him; I heard at a distance.

Q. Did you hear all they said? - A. No, not then; Palmer came in afterwards, and said, he had sent that girl out with a two-pound note, to make a purchase of something.

Q. Were you present when she came back? - A. No, I was not present; she sent for him out to a next house, and then he went out of the Rose; I was there when he came back; he then said, he had sent the girl out with a note, and she paid it away. There, says he, you see I have got some money, and I will not be long without some more.

Q. Did you see Hudson and Palmer again on that evening? - A. I saw Hughes and Palmer that same Saturday again, and I understood that they were going to the sight, and it was repeated that they would pay some of the notes away, for he would be d - d if he had not ten pounds by that night; I saw Sarah Hudson and John Palmer together at the Blue Last, in Cock-court, Ludgate-hill, that same Saturday evening at another time.

Q. What passed between them there? - A. I was drinking part of a glass of rum and water; Palmer abused the girl for not bringing money enough, and he abused me too.

Q. What did he abuse you for? - A. Because I would have nothing to do with them, and she cried terribly, because he abused me.

Q. Recollect what passed about what she had done with the notes? - A. She said, you know I have given you the change; I asked him to pay for the sixpenny-worth of rum and water; he said afterwards to her, G - d b - st you, go and get change for a note, you have plenty of money and notes about you.

Q. Did he state any note? - A. He said she had got a two-pound note of his, and he said she had some more notes; I did not hear any more of them; he paid for the rum and water.

Q. Did she say what she had done with the note? - A. No, she did not, they went out both together; I went out a little while before; I was alarmed by his going on in that way; I saw them both together in the court.

Cross-examined by Mr. Alley. Q. You are a servant to a gentleman in the Rules of the Fleet? - A. Yes.

Q. What capacity have you been in? - A. I have been a servant all my life-time.

Q. How long have you been acquainted with the prisoner Palmer? - A. Not particularly so; I have not been in his company above ten or a dozen times.

Q. And that mostly a public-house acquaintance - where did you generally meet? - A. We met at several places; he was engaged at a public-house for the Army of Reserve.

Q. How long have you known the woman? - A. Near the same time.

Q. You never met her so often - not above five or six times? - A. More than that; about a dozen times.

Q. Were your visits long? - A. No, not long, we met several times together.

Q. You did not keep much company? - A. No; I have been in company with John Palmer , and dined with him.

Q. You recollect that you said this moment that you had not been in his company above ten or a dozen times? - A. It might be more.

Q. Sometimes you had dined with him, but in general it was a more general meeting to drink a glass of beer? - A. Yes.

Q. With a man of that character? - A. I never saw any harm of him before this transaction of the notes.

Q. You never heard him say any thing of Banknotes before the 19th of January? - A. No, not till that time; I was in company with him three times before he was apprehended, when he mentioned the notes.

Q. This conversation took place at the Rose? - A. Yes.

Q. There were one or two in company at that time? - A. There was no more present when he mentioned the notes; there might be one or two going backwards and forwards.

Q. You never had any impeachment of your character? - A. I might have a little folly of going with a girl of the town, as well as any body else.

Q. You had been told by Hughes that they had a box to put these notes in at the Rose? - A. I was told by Palmer that he had the notes in a box in the parlour, under one of the seats on which the customers sat; that was on Friday, on the early part of the day.

Q. I suppose the servants of the house had access to it when they came to sweep the place? - - A. Certainly they must.

Q. I suppose you went directly and told the landlord what this man said? - A. No, I did not.

Q. Did you drink with him after? - A. No, I was very uncomfortable.

Q. Did you go to the Bank, or to the Lord-Mayor, and tell them the circumstance? - A. No.

Q. Did you communicate to any individual what you have told to-day? - A. I told a party I was determined to get all the information I could.

Q. Did you communicate it to any individual before the prisoner was taken up? - A. Yes, I did.

Q. To whom? - A. I did not know the prisoner was taken up; on Sunday, I communicated it to Mr. Austin.

Q. Upon the oath you have taken, you did not know they were apprehended on Sunday? - A. I did not till the evening.

Q. Did you never tell any person before Sunday evening, when you learned that they were in custody for forged notes - did you never communicate it to any one single witness? - A. I did to a person that is not present; she is a woman that lives at the other end of the town; I have known her a little while, her name is Mary Glover; she lives at No. 63, King-street, Golden-square.

Q. And that before Sunday evening; when was it communicated to her? - A. On Friday evening, about ten, or half past ten, at night.

Q. What way of life has she been in? - A. A milliner and mantua-maker; she is a lodger.

Q.Your master, being confined in the Fleet-prison, always dines at home? - A. Yes; he always has an old woman to attend him; I attend him always when he wants me.

Q. You never have occasion to attend him at dinner? - A. Never.

Q. Then, on Friday evening, you went up to the other end of the town - where do you lodge? - A. I have lodged at No. 63, King-street, for two years.

Q. How long has Mary Glover lodged there? - A. I do not know how long justly, more than a year.

Q. What did you mean by that expression, you had known her a little time? - A. I said I had known her some time.

Q. Did you tell where these notes were concealed? - A. I told it to Mr. Austin and Sir Thomas Weeks; I told Mr. Austin on Sunday, before I knew the prisoners were apprehended; I told him the notes were concealed in a little box.

Q. Was there any search made for the notes? - A. On Monday there was.

Q. On Monday then, there was searching for a box, and no box could be found - do not you know, that if you had given an earlier discovery of the notes, they would have been likely to have been found? - A. I did not know rightly how to make a search.

Q. How came you to go and drink with this man, after he had made a proposal to you to part with these notes? - A. I have been in company with him two or three times since that.

Mr. Giles. Q. Did you understand, or did you not, that he said, in the presence of the woman, that he had received the money for that two-pound note he had sent out? - A. He certainly did.

Q. He said he had sent her off again? - A. Yes.

Q. What time of the day was it the conversation took place respecting that note? - A.Early in the day.

Q. How many hours after the conversation, that he said he had sent Hudson out again with another two-pound note? - A. About half an hour; I do not know whether it was received.

Q. You did not hear him say any thing of receiving any money but for the first two-pound note? - A. I did not.

Q. You are sure you have stated all that passed between them? - A. To the best of my knowledge; I was abused by them several times.

Mr. Alley. Q. Is Hughes forth-coming? - A. I should like to see him in the situation of Palmer and Hudson.

Q. You hope to give information against Hughes? - A. I hope so; I believe that he first seduced Palmer.

JOHN WINTER sworn. - On Sunday morning, I saw the prisoner Hudson at the Compter; the first question I asked her was, how she came by the note; she said, she received it from a gentleman in a hackney-coach; I asked her whether she would know the gentleman again; she said, she thought she might. I then asked her how she had been employed; she said, she got her livelihood by taking in needle-work of any one. I asked her nothing farther, and then I sent for Palmer. I asked him how he came to go with Hudson to Mr. Shaw's shop, on Saturday evening; he said, as hestood at the Rose public-house door, the prisoner Hudson came by; he asked her where she was going; she said, she had been stopped with a two-pound note at Mr. Shaw's; the prisoner, he said, was an old acquaintance of his, and he went with her. I asked him whether the note he went after, with Hudson, that evening, was his property; he said, it was not.

Palmer's defence. I never saw the note, before I saw it at Guildhall. Is it to be supposed, that if I knew this note to be a forged note, I would have gone with her? The woman told me that it was stopped, and that she did not like to go with the gentlemen to the Bank, as she was so dirty. I told her I would go with her; I thought the shopmen might wish to cheat her out of the note; that is the sole reason I went with her.

Hudson's defence. This man never had the note at all; I never saw the man before I had this note from; I was never in his company till then; he took me in a coach from the 'Change to Charing-cross.

Palmer, GUILTY , Death , aged 31.

Hudson, NOT GUILTY .

London Jury, before Mr. Justice Le Blanc.

199. THOMAS ROBSON and JOSEPH COLLINS were indicted for feloniously stealing, on the 17th of May , fifty-six pounds weight of paper, value 16 s. the property of his Majesty .

There were Five other Counts, varying the manner of charging it.

(The indictment read by Mr. Gleed, and the case stated Mr. Knapp.)

JOHN PAYNE sworn. - Examined by Mr. Gurney. Q. You are a clerk at the Navy-Office? - A. Yes.

Q. Collins is foreman to the book-binders ? - A. Yes.

Q. Is the shop in which the book-binders work at the Navy-Office on the same floor as the gallery of the library? - A. The gallery of the library is on the same floor as the book-binders room.

Q. How near the office, called the Library, was the office Robson was in? - A. It is all on the same floor.

Q. Had he the care of it? - A. No; he had access to it, but not the care of it.

Q. In this room you call the library, the marine accounts and log-books are usually deposited? - A. Not the marine accounts; the marine accounts are usually deposited in Robson's room. The logbooks, when they are bound, and a vast many other papers, are deposited in the library.

Q. Had you any occasion lately to get some papers in the library? - A. I had occasion about six weeks ago, from the present time, to go there.

Q. In consequence of the search which you made for some papers, did you find some deficiency of the papers? - A. Yes, in the library, and after they were taken up, I found a deficiency in Robson's room.

Q. How many chests did you find empty? - A. I first understood thirty-seven; I suppose there were twenty-five or twenty-six; I did not look in all these chests.

Q. Did you make any enquiry of Robson respecting them? - A. On my missing the letters, I questioned Robson where they were; he said he did not know, but he would endeavour to find them; he said the papers in the library had been moved about by an alteration made in the opposite floor; I enquired daily for about a fortnight; he told me he did not know where they were; he told me one of the carpenters had removed them to a floor below; after a fortnight elapsed he went from the office; he was ill; I saw him about a week after that; he was requested to go into the board-room, there he was questioned whether the account of burning the letters, given by Collins, was correct.

Q. Did you hear Collins give any answer about the letters? - A. About three weeks after the papers were first missed, Collins said (he was desired by Robson to say), that he and Robson had burned several papers; I asked him what was the quantity, pointing to a bundle of letters; he said none were burnt but those that had burst in throwing down; he answered, there might be five or six of them bundles. I told him there were no bundles to be found from the year 80, down to the present time; he said they carried them out in baskets, and perhaps they might fill five or six baskets; I told him that could not account by any means for the quantity of paper lost; the next morning I was present; Robson was with Mr. Nelson, the Secretary; he was asked whether that account given by Collins was correct; he answered it was; he conceived there might be five or six baskets, and two more burnt by Collins and Newman; I asked him how many times they were employed in burning papers; he said four or five times; I asked him what time he said it was previous to ten o'clock in the morning.

Q. Were you present any other time that either Robson or Collins was questioned upon the subject? - A. Not any other time.

Q. When they were taken up, you appeared at Bow-street. Did you hear the examination at Bow-street? - A. Yes; but I do not know any thing material that was said by either, only they were criminating each other. Robson, upon his examination, offered to appear against Collins, and Collins offered to appear against Robson.

Cross-examined by Mr. Alley. Q. How long has Robson been in the office in the present situation? - A. Thirteen months.

Q. Was not a great part of the property lost before he came in the office? - A. Certainly not.

Q. Are they dated 93? - A. Some of the letters are dated 63 and 90, up to 93.

Cross-examined by Mr. Watson. Q. Collins charged Robson with knowing nothing about it himself? - A. No; he never said he knew nothing about it himself.

Q. Is not it in your knowledge that Collins voluntarily resigned himself up? - A. It is not in my knowledge.

Mr. Gurney. Q. Were you present when this letter from Collins was given to the Board? - A. I was not; I never saw Collins's hand-writing.

WILLIAM NASH sworn. - Examined by Mr. Gurney. I am a clerk in the Navy-office.

Q. The prisoner Robson was a clerk in the same office? - A. Yes, he had a room on the same floor with the library, and in his room the marine papers were kept in boxes; I cannot tell how many boxes he had.

Q. On looking in Robson's room, have you found some papers missing? - A. A great many papers between the years 56 and 95; there were a great many papers missing and taken away.

Q. Did you find any thing belonging to Robson in any of the boxes? - A. There were in one of the boxes an American paper.

Cross-examined by Mr. Alley. Q. When was it you made your examination? - A. I did not take any particular notice of the day, it was very lately.

Q. I take it for granted, you had not made any examination a great many years before? - A. No, I do not think I had.

Q. Robson came into the office in January 1803? - A. Yes.

Q. And you say, for several years before; you made no examination? - A. No, not for several years; I have had frequent recourse to those boxes, but not lately.

Q. Of course, it is impossible for you to say in what state they might be in two or three years ago - now, in respect to the boxes, they were not immediately under his care? - A. Not immediately under his care; Mr. Robson had the care of that room where he was employed; it was called Robson's room.

Q. Other people had access to it as well as he? - A. To be sure they had.

Q. Do you know whether at the time he came into the Office, there was scarce a box or door that had a lock on? - A. Yes.

WILLIAM ATKINS sworn. - Examined by Mr. Knapp. I am an officer belonging to Bow-street, and apprehended Robson on the 24th of January last, at the Navy-Office, Somerset-house; I told him he must go along with me; I took him to the Office, and he was committed for further examination.

Q. Did you go to Stanton's, the cheesemonger, in Drury-lane? - A. Yes, on the 28th, after he was committed; there I found a quantity of paper, letters, journals, and log-books; I took them to the Office in Bow-street; I have them now.

Q. Where did you apprehend Collins? - A. In Duke-street, Spitalfields, on the 28th of January.

Q. What passed at the time? - A. He said that Robson had been the means of bringing him into that scrape that he had the paper by, and it was sent by the direction of Robson.

Cross-examined by Mr. Watson. Q. In point of fact, did you not receive a letter from a gentleman in Lincoln's-inn-fields? - A. Yes.

Q. Had you told Collins what Robson was charged with? - A. No.

Q. In consequence of that letter, did not Collins surrender himself voluntarily? - A. Yes.

Q. And when he surrendered himself, he said what you have just now said before? - A. Yes.

Mr. Knapp. Q. Did Collins know you were a Bow-street officer? - A. Yes.

- MARRIOTT sworn. - Examined by Mr. Gurney. I keep a shop in White Hart-yard, Drury-lane.

Q. Are you likewise an under officer at the Navy-Office, Somerset-house? - A. Yes.

Q. Do you know the two prisoners at the bar? - A. Yes.

Q. Now confine yourself to the first transaction you had at any time with them last summer - what did Robson say to you? - A. He said, as I kept a shop he had some paper to shew me; I went up into his room, and there I saw a great deal of waste paper lying on the floor; he said, if I had any use for that paper, I was welcome to it, for it was laying about, and Mr. Nelson wished it away.

Q. Did Collins say any thing respecting the paper? - A. Yes, he came in, and heard what passed; he said, what would I give a pound; I said, two-pence or two-pence halfpenny; I had not kept shop long; I gave him two-pence halfpenny; I said, shall I bring a bag, and take it away; Collins said, he would send it me; in the course of that day Greenwood brought it me; there were fifty pounds, more or less, I cannot say exactly.

Q. Now, at the time that Greenwood brought it, did either Robson or Collins come? - A. Yes, Collins came.

Q. Did Collins see it weighted? - A. He took the weight down himself, and he had goods to the amount; he had butter, cheese, and bacon to the amount of the paper.

Court. Q. For that particular parcel? - A. Yes.

Q. Did you sell any of this particular paper to Stanton? - A. Yes. (Atkins produces the paper that was found at Stanton's.)

Mr. Gurney. Q.(To Atkins.) Just give us a sample of the paper found at Stanton's? -

Cross-examined by Mr. Alley. Q. Have you notbeen in the habit of dealing with other persons there? - A. No, nobody there; I buy sometimes a few old books that people bring in.

Q. Do you mean to swear that these papers were produced in the month of June? - A. They are some of them.

Q. Were not you charged with taking them? - A. I was taken up, but never accused or charged with such a thing.

Q. You are the lamp-lighter to the Office? - A. Yes.

Q. Do you mean to tell me that you were never accused of taking them? - A. I was never accused; I have been in custody six or seven days.

RICHARD- ALEXANDER NELSON sworn. - Examined by Mr. Gurney. Q. You are the principal clerk in the Navy-Office? - A. Yes. (The paper produced by Atkins, and shewn to Mr. Nelson.)

Q. Are those papers kept in Robson's room? - A. Never.

Q. Did you ever to Robson or Collins express a wish that those papers might be taken away? - A. No, never.

Q. Did you ever, to any other person, wish such a thing? - A. Never.

Q.Are they valuable papers? - A. They are undoubtedly referred to occasionally; the value of them depends upon the reference; whether they will or will not be called for, is merely accidental.

- GREENWOOD sworn. - Q. You are the porter to the stationers and bookbinders at the Navy Office? - A. Yes.

Q. Were you employed by either of the prisoners at the bar to take the papers to Marriott? - A. Yes, and Mr. Collins went with me every time; I was employed by Collins; I delivered the papers to Marriott.

Cross-examined. Q. Have you always said what you have now told my friend? - A. Yes.

Q. Do you recollect that you are sworn? - A. Yes. (The witness produced a paper, which was handed to the Court; he was excused answering any farther. Mr. Gurney admitted he had given various accounts; his mind had been weak.)

EDWARD WRIGHT sworn. - Examined by Mr. Gurney. I am a journeyman bookbinder, employed at the Navy-Office.

Q. How long have you been employed? - A. A week after last Easter.

Q. What time of the morning do you go to work there? - A. Six in summer and seven in winter.

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

Q. And Collins you work under? - A. Yes.

Q. Where does Collins usually take his refreshment? - A. In the shop with us where we work.

Q.During the time that you were there, were there any large bundles of papers being burnt? - A.Never, while I was there.

Q.Particularly between six and eight in the morning? - A. Never.

Q. Could they be burnt without your knowledge? - A. I think not.

Q. Do you know the room called the library? - A. I know my work-shop; I do not know the room they call the library.

Q. Do you know whether Robson and Collins know each other? - A. Mr. Robson's room is adjoining the same room; they are acquainted as clerks in the Office.

- WOOD sworn. - Examined by Mr. Gurney. Q. You are a journeyman bookbinder, and work under Collins? - A. Yes.

Q. Do you recollect any quantity of waste paper being burnt? - A. I do not.

Mr. Gurney. We have proof that there was sold about half a hundred weight, worth ten shillings.

Collins's defence. I never did any thing but under the direction of Mr. Robson.

Robson's defence. In the present situation that I am now placed in, there are matters that I am now burdened with; my mother and sister died on the present account, and my father is unacquainted with the business, and my friends have not been with me all the time; I am left alone to your mercy.

Robson called one witness, who gave him a good character; Collins called six witnesses, who gave him a good character.

Robson, GUILTY, aged 32.

Collins, GUILTY, aged 35.

Judgment respited till next Sessions .

First Middlesex Jury, before Mr. Baron Hotham .

200. JAMES SPENCER was indicted for feloniously stealing, on the 25th of January , a glass tin lamp, value 3 s. 6 d. the property of Joseph Lucas .

JOSEPH GUNNING sworn. - On the 25th of January, near seven o'clock in the evening, I heard the foot-step of a person on the stairs; I was in the office of Mr. Hilliard, in Clement's-inn ; I immediately went out; I then heard a person descending the stairs in great haste; I pursued him to the bottom of the stairs; I enquired what he had been up the stair-case for; he replied, he was searching for a Mr. Brown, No. 16, in the same Inn; I informed him this was No. 14; I would accompany him to Mr. Brown, I wanted to see Mr. Brown myself; I discovered something under his coat; I said, you have something under your coat, what is that; he refused to inform me what it was; he covered himself up close, and was walking off; I proceeded up the Inn; he passed through two or three courts leading to Carey-street; I was with him; I told him he had better discover what he had, I should certainly take him; he endeavouredto persuade me to leave off pursuing him, and bent his fist at me, and pushed me violently by the side; I called some person to assist me; a person came up; he then threw down the glass lantern from behind his coat; he said, you d - d scoundrel, what can you do now with me, and ran off; I soon came up with him, and, with the assistance of two or three persons, I took him.

Q. How long had you been in the chamber before he took the lamp? - A. About half an hour; I observed it was dark; I did not take the piece of the lamp up.

Q. Did you observe the lamp being there, and was it alight? - A. Yes; I proceeded with him to the watch-house, and there he acknowledged the fact; he said he stole the lamp, and hoped I would excuse him, as he had never done such a thing before; he acknowledged the fact before the Magistrate.

Q. Do you know whose property the lamps are? - A. I know that Lucas has received money from the Society; I have been present at the lamp contract.

MICHAEL BOLTON sworn. - I am a lamplighter, a servant to Mr. Lucas; Joseph Lucas , Christopher Spencer, and Samuel Hodgson , are contractors for lighting the Inn , and finding the lamps.

Q. What is the value of it? - A. Three shillings and sixpence; I lit the lamps that night, and I found the lamp missing at No. 14, the next night.

Prisoner's defence. On Wednesday the 25th of January, I was going to my wife, who is a laundress, in Symond's-inn, Chancery-lane; I was rather in liquor; I told him I wanted my wife; he told me that was not the place; he would see where I went; he followed me, when I stumbled against something there; I was taken to the watch-house, where nothing was proved against me; I am entirely innocent; I was never charged with any thing dishonest; I have a wife and five children; I rest upon your Lordship's humanity.

GUILTY , aged 54.

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

First Middlesex Jury, before Mr. Baron Hotham.

201. JOHN BROWN was indicted for burglariously breaking and entering the dwelling-house of John Crow , on the 22d of January , about the hour of twelve at night, and stealing therein six saws, value 6 s. and two planes, value 2 s. the property of the said John Crow.

JOHN CROW sworn. - I live at No. 23, Drury-lane ; I am a carpenter : On the 22d of January my work-shop was broke open; I was at home; I went to bed at half past eleven o'clock; I was the last person up of my family; I fastened the house, and shut the street door; my wife heard a noise a little before one; the work-shop is in the yard, it adjoins the house by a little partition; the door is in the yard; I keep my tools there; I got up, and went to the street door, and called Berkley, and with his assistance saw the prisoner at the bar; he was standing in the yard, leaning on a range; the tools were laying about the floor of the work-shop at the door ready to take out.

Q. Had he any thing in his hand? - A. No; he said he came there to sleep.

Q. How did he get into your yard? - A. He came through the passage of the house; I cannot say whether the door was shut, for we have many lodgers in the house, and they might leave it open, as they do frequently; I seized the prisoner.

Q. What tools were they? - A. Six saws and two planes were lying on the floor.

Q. Where had they been? - A. They had been on the bench, I left them on the bench; I locked the shop door myself on Sunday afternoon at two o'clock, and there were no tools on the floor then; I cannot say the saws were in the chest, but the planes were; the chest was not locked.

CORNELIUS BERKLEY sworn. - I am a watchman; I was called in by the last witness; Mr. Crow informed me there was a thief in the house; I went backwards, and found the prisoner in the yard; it was a little after twelve o'clock, as near as I can guess.

Q. You found nothing on him? - A. Only some keys; the workshop was fastened by a padlock, and the staple that was screwed in was forced out without unlocking the padlock; a little after I laid hold of him he leaned down, as if he was putting something down; I stooped, and found it was an iron hammer; the handle was iron, and at the end it was flat, something like a screw-driver; I asked Mr. Crow if the iron hammer belonged to him; he said, it did not; I looked in the workshop, and saw some saws, and something else, lie close together at the door; I conveyed him to the watch-house; I have the saws here.

JOHN WIGGIN sworn. - I was constable of the watch-house that night, the prisoner was brought to me.

(The saws produced, and identified by the prosecutor.)

Prisoner's defence. As I was going up Drury-lane, it rained very hard, I stepped into the passage, and there were two men running out; Mr. Crow and the watchman laid hold of me; as for the hammer, I never saw it at all.

GUILTY, aged 23.

Of stealing only .

Transported for seven years .

First Middlesex Jury, before Mr. Baron Hotham .

202. JOHN BROWN was indicted for burglariously breaking and entering the dwelling-house of John Kennedy , on the 22d of January , aboutthe hour of twelve at night, and stealing therein 20 lb. of bacon, value 10 s. a regimental cloth coat, value 20 s. and 40 lb. of pork, value 20 s. the property of the said John Kennedy .

JOHN KENNEDY sworn. - I live at No. 18, in Drury-lane ; I keep a shop , and sell bacon, salt beef, and pork: On Sunday night, the 22d of January, my shop was robbed, I believe it is about a month ago; I went to bed at half past ten o'clock; I left Mrs. Kennedy up; she had a child bad of the hooping cough; I was very heavy asleep at the time; when I got up, I found the door open.

MARY KENNEDY sworn. - I went to bed about half past ten; I was the last up in the house; between eleven and twelve I heard some people in the passage; I thought they were the lodgers; I got up; we sleep down stairs in the parlour; it adjoins the shop.

Q. When you were in the shop, what state did you find it in? - A. I found a man standing behind the counter in the shop, with a lighted candle in his hand.

Q. What man was that? - A. The prisoner at the bar; I called out to my husband, and then he ran out of the shop door; my husband was very heavy asleep; I called him again, and when he got up he had a light of the watchman, and he came in to us; we looked about, the door was open.

Q. Were there any marks of violence on the door? - A. I did not notice any.

Q. Any lodgers in the house - did you leave the door open for them to come in? - A. No, I did not leave open the door for them to come in; the people that belonged to them were to open the door to let them in.

Q. You are the housekeeper? - A. Yes.

Q. Did you examine your shop to see if any of your property was lost? - A. I missed some bacon, pork, and some clothes; the bacon laid on the counter, the pork was in the shop, and the clothes were in a chest in the shop; I saw the man had nothing in his hand but a candle; I never saw any of my property again.

Q. Did you know the prisoner before? - A. No.

Q. Can you take upon you to swear that the prisoner is the man - when you saw the man, you say you were frightened; he ran out immediately, and yet you say you are sure he was the man? - A. Yes, I am sure he is the man.

Q. How soon after was he taken? - A. I cannot exactly tell.

Q. When did you see him again? - A. About an hour after; he was taken by Mr. Crow, and taken to the watch-house the same night.

Prisoner. Mrs. Kennedy swore at the Office that she went to bed at half past eleven o'clock, and that she saw me with the property in my hand.

CORNELIUS BIRKLEY sworn. - I know nothing more of the robbery than Mrs. Kennedy has related; the door seemed as if it had been opened with a key; there was about an hour's difference between this robbery and Mr. Crow's: I suspected where he lodged, he being tried last Sessions, and I went there with an officer, and searched it, but found none of the property.

- WHITEHEAD sworn. - I took the iron hammer, and tried Kennedy's shop door, and found it opened it immediately.

Q. It would do so to any door that did not shut close? - A. I dare say it might.

JOHN LANE sworn. - I am one of the patrols; I produce a skeleton key that will open almost any door; it was found in his left-hand breeches pocket.

Q. Did you try the street door? - A. No, it is too small to open the street door.

Q.(To Mrs. Kennedy.) Did the street door open in the passage or in the shop? - A. In the passage, there is a door in the passage for the shop; I only saw him go out of the shop door; that door was fastened when I went to bed; the street door was fastened by a lock; there is a bolt, but I do not know whether it was bolted.

Prisoner. Mrs. Kennedy swore at the Office that the door was fastened with three bolts.

Court. She does not say so now, nor does it appear that she said so then.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Le Blanc.

203. JOHN ROBINSON was indicted for burglariously breaking and entering the dwelling-house of Dennis Cutler , on the 20th of January , about the hour of eleven at night, and stealing therein a pair of boots, value 4 s. the property of the said Dennis Cutler .

DENNIS CUTLER sworn. - I live at No. 3, in Bedford-street, Long-acre ; I am a butcher : On Friday night the 20th of January, about eight o'clock, I put a pair of boots on the copper in the kitchen, with intent to clean them; I went down to turn the water on to fill the butt; about ten minutes before eleven o'clock I went down to turn the water off, the butt was full, and then I saw the prisoner at the bar there; there was nobody in the cellar when I turned the water on; I did not put the padlock on then, I only hasped it; when I went down to turn the water off, I saw the door open, I was surprised; I saw the prisoner, he had no light, he was coming towards the door; I went down with a candle; there was no other way of his getting into the cellar, but by coming in at the street door; I took him by the collar, and conveyed him to the watch-house; after I had given charge of him at the watch-house, the watchman came back with me to see if any thing was missing; the watchman found those boots moved from off the copper; the copper is in the front kitchen; I saw these boots on the copper at eighto'clock; I went down to shovel the dust up; I know them to be my boots by the wear; it is very dirty in Smithfield, the dung is very hard to get off when it is dry; the street door was not fastened, it was shut; the last person that went out was a lodger, she went out about ten o'clock, I did not hear it open afterwards.

Q. You did not find any of your house broke open? - A. No, only the street door was unlatched at eleven, or thereabouts; I always lock the door myself; I am certain it was latched, because I heard it.

- MACARTY sworn. - I am a watchman; Mr. Cutler brought the prisoner to me; after I had secured the prisoner, I went back to the house, and there I saw those boots in a kind of a hole in a dark place in the cellar, at a distance from the copper, near the stairs; the copper was in the front kitchen.

Prisoner's defence. I had the venereal disease very bad; I went to the doctor, and he gave me some medicine to ease me; I saw this house, and not seeing it look a very decent house, I took the liberty of going in; I went in as a man came out; the gentleman came, and took hold of me; I have not been in London above five weeks; my friends live above 107 miles from this place, I had not an opportunity of sending to them.

GUILTY, aged 36,

Of stealing only .

First Middlesex Jury, before Mr. Baron Hotham.

204. ABRAHAM COHEN was indicted for feloniously stealing, on the 26th of January , three watches, value 5 l. the property of David Windsor .

DAVID WINDSOR sworn. - Q. What are you? - A. I am a pawnbroker , I live in the Minories : About the 20th of January the prisoner applied to me about some watches; he looked them over, we could not agree about the price; he therefore went away; a week after he came again, and looked over them again, and made a further advance in his offer; each time I put them away under lock and key; I did not miss them directly, but some time after a Mr. Sanderland called upon me, and told me he had been robbed by a man of the name of Jacobs; his name is Jacobs, not Cohen; he asked me if I knew a man named Jacobs; I told him I had known him several years; he requested I would look over that lot I had shewed him, to see if I had been robbed; I looked them over, and missed three watches out of forty; one of the watches I have since seen, and the others I have not; that is all I know; the other witness will tell you how he came by the watch.

Q. Are you sure that nobody had access to the watches but yourself? - A. No, nobody.

A. Where were they deposited? - A. They were kept in the parlour; nobody had access to them but me; they were only taken out twice to shew him; I presume he took them the second time, but I cannot tell.

Prisoner. Marcus Levi told me he saw a lot of your's; you are in the habit of shewing lots to different traders; your wife was there; have you not known me to be in the dealing line? - A. I have known you twenty years, but never sold you any thing.

Q. You have known me from my infancy? - A. Yes, I have; your father has sold me things.

WILLIAM LUCAS sworn. - I am a pawnbroker: I live at No. 4, Ryder's court, Leicester-square: about the 27th of January I bought this watch of the prisoner; I have known him as long as Mr. Windsor has, and considered him as a dealer in plate and jewellery.

Q. What did you give him for it? - A. I gave him a guinea and a half for this watch and an old-fashioned necklace.

Q. Are you sure the prisoner is the man? - A. I have known him 20 years, and is father likewise.

Prisoner. Q. What day of the month was it you say you bought it of me? - A. I do not recollect exactly; I have not read the entry of the book.

Q. I wish you would mention the day of the week? - A. I cannot tell without I had the book with me.

Q. Was it not the 3d of February; that was the last time you bought a metal watch with a necklace; it is trifling with me? - A. I cannot tell exactly; I did buy a necklace with the watch, and I gave you a guinea and a half for them.

Q. You bought it on the 3d of February; I have not seen it since I have been brought here. (The watch produced.)

Q.(To Windsor.) Look at that watch, Mr. Windsor? - A. I am sure it is my watch; here is my private mark on it.

Q. Are you sure that it is one of the watches that you shewed to the prisoner? - A. Yes; I have had the watch too long not to have known it.

Prisoner. I did not know any thing about it before last night, when I was arraigned.

Windsor. I questioned him about it in Marlborough-street.

GUILTY, aged 36,

Of stealing to the value of 39 s.

Transported for seven years .

London Jury, before Mr. Recorder.

205. JOHN COOK was indicted for feloniously stealing, on the 16th of February , one key, value 6 d. the property of William Creed .

WILLIAM CREED sworn. - I am a tailor : on Thursday, the 10th of the present month, the prisoner came into my house; I ordered the boy to go out and get a man; as he was going out, he found the prisoner at the bar behind the door; he immediately called me.

Q. At what time? - A. Between twelve and one o'clock; I was not two yards from him; I came up to him immediately, took the key out of his hands, and secured him; he seemed to conceal it very much; however I took it from him.

Q. What did he say for himself? - A. He asked for Mr. Paterson; I told him there was no such man as I knew of.

Q. Whose key was it? - A. My own; when I called the constable, he said he hoped I would forgive him; it was a small fault.

Q. Did you ever see him before? - A. No; he said he picked up the key from off the mat at the door.

Prisoner. Q. I told you I picked the key up at the edge of the door? - A. Not in my house; he said so before the Lord Mayor.

Q. With submission, I beg your pardon; I did tell you so? - A. The boy pulled you from behind the door.

JOHN CLARK sworn. - I am a servant to Mr. Creed; I was coming out of my master's house; I saw him in the passage behind the street-door; when he saw me he drew himself away, and as he drew his body away, he took the key away with his right hand; he put his hand down his side directly and came from the door; he asked me for Mr. Paterson, if he lived there; I told him no, he knew that; I said, what do you do with the key of our street door; he said, he had not got it; I called my master out, and my master shut the door, and took him in the shop; my master asked him what business he had with the key; my master told him he was going to let himself in at night, when the family were in bed; he said that he was going to him with it, and that he found it on the mat.

Q. Was there any mat there? - A. No; my master sent me for a constable; he said, pray forgive me, I did not mean any harm; I fetched a constable, and the constable took him up.

Prisoner. Q. Did you say I was behind the street door? - A. You were behind the street door.

Q. Was not the street door wide open? - A. No; half shut.

Q. Was not your door left open? - A. Yes, it was.

JAMES COLLIER sworn. - I know nothing more than being sent for to take charge of the prisoner.

Q. Who did you receive the key from? - A. Mr. Creed.

(The key produced, and identified by the prosecutor.)

Prisoner's defence. I went to that house to enquire for Mr. Paterson, a gentleman I lived with formerly; as I went in the key was lying by the edge of the door; this young man came out; I asked him if Mr. Paterson lived there; I asked him to go and ask his master; he went in and asked his master; his master said no such person lived there.

GUILTY , aged 57.

Transported for seven years .

London Jury, before Mr. Recorder.

206. THOMAS REYNARD was indicted for feloniously stealing, on the 27th of January , a pewter quart pot, value 10 d. the property of John Martin .

JOHN MARTIN sworn. - I am a publican and live at the Green Dragon, Botolph-alley : on the 27th of January, it might be ten o'clock in the morning, Elisha Crabb , a police-officer, called at my house, and shewed me a quart pot, and asked me if it was my property; I looked at the name, and found it was my property; I am quite sure of it.

ELISHA CRABB sworn. - I am an officer belonging to the city police: on the 27th of January, between nine and ten in the morning, I saw the prisoner in Leadenhall-street; I concluded he had something under his jacket; I followed him, and asked him what he had got under his jacket; his answer was, what is that to you; I told him I insisted upon looking, and opening his jacket, I saw a pewter quart pot; I went to the prosecutor's house; the prosecutor owned the pot; I took him before my Lord Mayor the same day.

Q. Do you know him? - A. I have seen the man before in the streets frequently; he had a blue jacket on then.

(The pot produced, and identified by the prosecutor.)

GUILTY , aged 56.

Confined fourteen days in Newgate , and publicly whipped .

London Jury, before Mr. Recorder.

207. JOSEPH M'GARVEY was indicted for feloniously stealing, on the 8th of February , two Morocco leather slings, value 6 s. and five pair of cotton stockings, value 12 s. 6 d. the property of James Hamper .

The prosecutor was called, but not appearing his recognizance was ordered to be estreated.

ACQUITTED .

London Jury, before Mr. Recorder.

208. BENJAMIN BUTLER and ROBERT WILLIAMS were indicted for feloniously stealing, on the 11th of February , a cask, value 1 s. and six gallons of peppermint, value 2 l. the property of Richard Frazer .

MARY FRAZER sworn. - I keep the Coach and Horses, Leather-lane .

Q. What is your husband's name? - A. Richard Frazer; between six and seven o'clock, the prisoner, Benjamin Butler , and two more, cameinto our house, and called for a quartern and a half of gin; I served it them; they asked for a little raspberry in it; we had a cask of peppermint standing behind them.

Q. Where was the peppermint? - A. In the bar; one of those three took it away; I only know Butler; I do not know the others; they were in company together; Butler went out at one door, and the other men went out at the other; I asked who was to pay for the gin; the other men said, Butler was gone to fetch a penny; he immediately brought in sixpence, and I gave him three half-pence, and the other men went away; I immediately took the candle, and said, Lord, those three men have took my peppermint away; I went to the door, and saw Butler at the door; I asked him, where the other men were; I called him, and said, I must keep you while I find the other men; and brought him in doors; I sent immediately for an officer, who took him to Hatton-Garden.

Q. Did you find your cask again? - A. No.

Q. How long were these three men in company? were they in company together? - A. Yes; they all drank together.

Q. It was a little keg? - A. It was about six gallons.

Cross-examined by Mr. Alley. Q. How many persons were there in the tap-room? - A. There was not any one after I had lost it; it was there when those men came in, but it was not there when they went out.

Q. You say you saw two or three men come in together; it was there when they came in, and when they went out it was gone; which door did they go out at? - A. I do believe that Butler went out at the back door.

Q. Is not your house a public-house? - A. It is; we have a tap-room there; the peppermint was in the bar.

Q. Was not any other person there, besides these men? - A. There was nobody there but two or three women.

Q. A woman could smuggle any thing under her petticoats, as well as a man under his small clothes? - A. The three men stood before it so that nobody could get at it but them.

MARIA FRAZER sworn. - I was standing at the bar, with my mother, when these three men came in; I saw Butler, I do not know the other man; I did not see him do any thing, but only ask my mother for the quartern and a half of gin; I saw my mother give him the liquor; that is all I saw.

Q. You did not see any body take the keg? - A. No.

Q. Where did that peppermint stand? - A. In the bar.

- FOX sworn. - I am a publican; I live at the Queen's Head, the corner of Burr-street, Coldbath-fields; on Saturday night a man of the name of Hinksman came to me, and asked my leave to let him leave a small cask there; it was painted yellow, and would hold between six and seven gallons; afterwards he came in and asked me if I wanted to buy any liquor; he had nobody with him at that time; I told him, no; when I would have nothing to do with this liquor, the prisoner, Robert Williams , came with Hinksman to take it away; I had been out in the forenoon, and had heard a cask of peppermint had been lost; these people came into my house to drink: I sent for an officer; Hinksman made off; I took Williams; Williams was with him when he took the cask away, but not when he brought it; I never saw Butler.

Cross-examined by Mr. Alley. Q. Williams was not with him when he brought it? - A. No.

JAMES ADCOCK sworn. - I am a police-officer at Hatton-Garden; I was sent for to take the prisoner, Butler, into custody.

GEORGE WOOD sworn. - I am an officer of Hatton-garden; I took Williams into custody.

Butler, NOT GUILTY .

Williams, NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

209. PETER CONNER and ANDREW BURN were indicted for feloniously stealing, on the 16th of February , one cheese, value 12 s. and two hams, value 20 s. the property of Barnard Dollond . The latter was also indicted for feloniously receiving the said goods, knowing them to be stolen .

BARNARD DOLLOND sworn. - I am a cheese and ham dealer ; I live at No. 89, in the Strand ; last Thursday, in consequence of an information I received that this property was concealed in my hay-lost, over my stable, I sent to Bow-street for two officers; I thought proper to fix them near the stable door; my stable is about sixty yards from my dwelling-house; there is a lane goes down to the stable, at the water side; I saw the goods at Bow-street the next morning.

Cross-examined. Q. You took Conner for your porter at first, and then you took him in your shop? - A. Yes, we instructed him to serve in the shop a little.

WILLIAM DOLLOND sworn. - On Thursday morning last, as we have a deal of custom, Peter Conner went down to the stable, I suppose between eight and nine o'clock; previous to his going down, he went down to the warehouse which is under the shop where I was; he was down in the warehouse a considerable time, about a quarter of an hour; he came up with a sack on his back, which I supposed to contain straw, which he was in the habit of taking down to the stable in a sack; he went out, and I have no doubt but he went down to the stable.

Q. Why have you no doubt? - A. Because it was his usual custom to go at that hour; about nine or ten, the other servant of my father told me he wished to speak to me; in consequence of what he told me, I went down to the stable with him, and went in the hay-lost; there I saw the cheese and the hams charged in the indictment, concealed under the hay; I returned, and left them as I found them; I thought it was the best way, wishing to find the person out that had concealed it; I acquainted my father with it, and he sent me to Bow-street; I consulted with the officers there; they advised me what to do; I shewed them the situation of the place; they agreed to come at eight o'clock in the evening; the prisoner went down to the stable about two or three o'clock, which he usually did every day; on his return he never hung the key of the stable up; it was his custom to hang it up behind the street door, which made me suppose he intended to take away the goods shortly; we kept him at home all the afternoon; my father purposed to keep him at home that he should not have an opportunity of going to the stable; about half-past six we sent him out, I went out previous to his going out; I went down near the stable, that I might havean opportunity, if he did go there, to see him; I continued in ambush for about ten minutes, and nobody came; I returned home, and after a short time I sent our other man nearly to the same place where I had been before, while I looked after the officers; he had appointed to meet me at a place opposite our house; I could not find him there; I went down to the place where our man was, and I had not been there many minutes before the officer came; we were altogether not more than forty minutes before the prisoner, Burn, came down to the stable-door; the other prisoner, Conner, came another way, and met him at the stable-door; Conner unlocked the stable-door, and they both went in and shut the stable-door after them; they remained in for the space of five minutes, and the prisoner, Burn, came out with a load on his shoulder; they both came out together, and they both went back the same way the prisoner Conner came; we followed them a little way, though at a proper distance; when they got up a street, called Beaufort-buildings, they parted. Burn continued up these buildings, and Conner went immediately home the contrary way; I and the officer continued to follow the prisoner Burn with the load on his shoulder, till he came to No. 35, Wilmot-street, where he went in, and we close after him. The officer asked him what he had got there; he said, two hams and one cheese; he said he brought it from Beaufort-buildings for Mr. Dollond's young man; we took him in custody, and secured him in the watch-house; then we went and secured the other prisoner, he was still at our house; on searching him, there was a book in his pocket, in which was a memorandum, a cash-account, for money received, with the signature of Burn; that is the other prisoner's name.

Cross-examined. Q. He came up with the sack that you supposed was filled with straw? - A. Yes.

Q. You did not go with him? - A. It is not my usual custom to go with the sack of straw to the stable.

Q. Whether he went to two or three places before he went to the stable, you cannot say? - A. There are people that can say.

Cross-examined by Mr. Alley. Q. The other man is quite a stranger to you? - A. He is.

AUGUSTUS DAWSON sworn. - I am Mr. Dollond's servant: On Thursday morning, between seven and eight o'clock, as I was hanging my master's hams up, I missed two of them; I said to Connor, there are two hams deficient, where are they; he said he did not know any thing of them, for he put them up the night before; I hung two more out in their stead; I went into the warehouse below stairs to clean some knives, as I usually do; there I saw a heap of straw, and under that heap of straw I found one large ham; I covered it up as I found it, and up in the shop I run; my master sent me out with some butter; when I came home, I went down into the warehouse, where I found the straw and the sack gone, and the ham likewise; when I came up in the shop again, my master told me to come to breakfast; the prisoner Conner told me there was some sawdust wanted; I asked him for the sack, and he told me the sack was at the stable; I took the key, and went down to the stable for the sack; I found the sack across the shafts of the chaise, empty, and some straw under the shafts, which I supposed to be the straw he had taken out of the cellar; I had some suspicion that the ham was among the straw; in searching the straw, I could not find any ham there; I went up in the hay-lost, and the very first thing I put my foot against, was a large Cheshire cheese; I lifted up a truss of hay, and there I found a large ham and a little one; I left the cheese and hams as I found them, and took the sack, and went up to my master's house, and there I saw my young master; I told him I wanted to speak to him; he and I went both down to the stable, and there he found the goods under the hay and straw, as I have related before.

- TOWNSEND sworn. - I am one of the patrols: On Thursday last, I received information from young Mr. Dollond. I went into the street to watch about eight o'clock and the two prisoners at the bar came down; they both went into the stable together in the dark; after they had been both together for about five minutes, they both came out together, and went up a slight of steps leading to Beaufort-buildings, the prisoner Burn with a load on his back; they went up together about half way up Beaufort-buildings, where the prisoner Conner parted with the prisoner Burn; I followed the prisoner Burn to No. 35, Wilmot-street; he went into an old iron-shop, and I and another took him into custody, with the property on him; I asked him whose it was, and he told me he was the master of it.

Q. He keeps the old iron-shop? - A. Yes, he said it was his house; I asked him what he had got in the sack; he told me some ham and cheese; I asked him where he got it from; he told me in Beaufort-buildings, and that he had brought it for Mr. Dollond's young man; I then took him to the watch-house, and went to Mr. Dollond's shop, and there I took Conner in custody.

Q. At the place where you saw him take it from - where was it? - A. It is the bottom of Carter-lane; he took it from the stable; on searching the prisoner, Conner, in his outside coat pocket, I found two guineas, and in his breeches pocket I found one bad shilling and a good one.

Cross-examined by Mr. Alley. Q. He told you he got it at Beaufort-buildings? - A. I asked him where; he would not say any more than that, and then he added afterwards, that he brought it for Mr. Dollond's young man.

Q. There is a flight of steps that leads up to Beaufort-buildings? -

Court. There is a communication from one to the other.

Q. Did you ask him if he had been into the stable? - A. I asked him if he had any acquaintance in town that would give any account whatever how he came by them, and he said, no.

Q. What induced you to go and enquire of him? - A. I was informed of it before.

Court. He was on the watch, and saw them part, and one went the other way.

Q. What time of the day was this? - A. Half past eight o'clock at night.

- sworn. - I am an officer of Bow-street; I know no more than has been related; I was with Townsend and Mr. Dollond's son; I assisted in taking the prisoners.

(The cheese and hams produced, and identified by the prosecutor.)

Mr. Dollond, Sen. There is B and D, which is my mark, a circular mark; the B is inside of the D on the cheese.

Q. Any mark on the ham? - A. The weight of this I can swear to; I marked it myself, and my son can own the other.

Cross-examined by Mr. Alley. Q. Any body can tell they are hams if they taste them - are you sure you have not sold these hams? - A. To be sure I am.

Q. Do you take out the marks when you sell them? - A. We do not; we sell them at a proportionate price, and let the marks remain.

Court. Q. The gentleman asks you this question, whether this identical ham has been sold? - A. I have sold many hams.

Mr. Dollond, Jun. I cannot swear that they were never sold, but I believe the witness Dawson can.

Dawson. I can swear to this ham; this is the ham I believe was in the cellar, but I cannot swear to the other.

Court. Q. Have they your mark on them? - A. They have my master's mark on them.

Conner's defence. There was a young man called upon me, and left these hams and cheese in my care, so I employed Mr. Burn, and paid him, and got him to remove them, for fear my master should suspect me if he saw them there.

Burn's defence. Conner came in my place, and asked me to take a load a little distance; I agreed to have a shilling or eighteen-pence to carry it by day, but I would not go at that time of night unless I had two shillings and sixpence; he took me to Beaufort-buildings, he told me he would come the day after for them; after I returned home, I was taken by these two officers.

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

Conner, GUILTY, aged 23.

Of stealing, to the value of 39 s.

Transported for seven years .

Burn, GUILTY , aged 31.

Transported for fourteen years .

First Middlesex Jury, before Mr. Recorder.

210. LAURENCE MURRAY was indicted for feloniously stealing, on the 26th of January , twelve bottles of wine, value 30 s. the property of William Berleyson .

WILLIAM BERLEYSON sworn. - I am a publican , I live in Sackville-street: On the 26th of January, this man was employed in bottling some wine in the cellar; he was not employed by me, he was employed by a man of the name of Slater, a cooper, that I employed to bottle the wine from the cellars; from one cellar to another is about sixty yards; the cellar the wine was in was in Swallow-street , and my house is in Sackville-street; I suppose we began to move the wine between ten and eleven o'clock; after we had moved, I suppose, three parts of it, we missed the prisoner; Salter, the man I employed, missed him; Slater is the wine cooper; Salter met the man coming out of the cellar with a dozen of wine as usual, but he never met the man coming into the cellar; he asked Slater where the Irishman was; I met Salter, he says, but I never met the Irishman, you are done with a dozen of wine; we missed the man for a considerable time; we had been removing a whole pipe in bottles.

Court. We must not hear what the other man said.

Cross-examined by Mr. Alley. Q. You have never found any wine you had supposed concealed? - A. No.

Q. Had you reckoned over the bottles that were drawn off? - A. No, I did not.

Q. That was the business of the cooper? - A. Yes.

WILLIAM SALTER sworn. - I am a gentleman's servant.

Q. Were you employed in this business to remove the wine? - A. Yes, by Mr. Berleyson, on the 26th of January, from Swallow-street to Mr. Berleyson's house; I was helping, carrying a dozen in baskets, each of us; I was coming back with my empty basket, and met him with his dozen on his shoulder; I then went down the stairs, and filled my dozen, and returned to Mr. Berleyson's house; I did not meet him, nor could I find him in the cellar; I asked his master where he was; I then went the second time, and did not see him in the cellar of Mr. Berleyson's house, nor in Swallow-street cellar; when I was going back with the empty basket, I found him going down the other stairs in Swallow-street with the empty basket; I chastised him where he had been, he said, he had been to Glasshouse-street to ease himself.

JOSEPH SIMPSON sworn. - I am a servant; Mr. Berleyson employed me to see the wine removed out of the cellar; I was in office there for that purpose; the prisoner asked me what I wanted there; he said, there was no occasion there for me; a little while after, he wished me to carry half a dozen baskets; I told him, I did not carry wine; presently a person came in the cellar, he made answer, there was another watchman coming; I told him I was no watchman, but I was employed by Mr. Berleyson to see the wine removed, and I should be there; soon after that, he missed coming in his turn; they came regular one after the other, and he did not come in his turn; I asked him where he had been; he said, he had not been in the cellar with me; I asked him when he come again where he had been; he said, he had been in Glasshouse-street to ease himself.

Q. Are you sure that time he went out he had a dozen bottles? - A. I am sure he had a dozen bottles every time.

Cross-examined by Mr. Alley. Q. You do not mean to say that he had a dozen the last time he went out? - A. Yes.

Q. Did you take notice every time? - A. Yes, I marked every dozen that went out on the wall, and likewise every dozen on a wooden cellar-candlestick that I had in my hand.

Q. How many dozen were there? - A. Fifty-six dozen, and five bottles of wine.

WILLIAM JONES sworn. - I am a chairman: On the 26th of January, between the hours of one and two, I just left Mr. Berleyson's house, I was going home to my own dwelling-house, No. 7, Haydon-street, and saw the prisoner in Leicester-street with an empty basket of a dozen of wine; he was talking to another man, saying, he was at work for a publican below Mr. Berleyson's, about one hundred and sixty yards from Swallow-street.

Q. Was Leicester-street in the way to Glasshouse-street? - A. No, quite contrary.

- SLATER sworn. - I billed the wine, and am a wine cooper; there were fifty-four dozen and five bottles drawn from the pipe; I live at No. 1, Little Berkeley-street,Grosvenor-square; we drawed from Swallow-street, and billed it in Sackville-street; I drew on Thursday, the 26th instant, forty-three dozen of wine, and put it on my left-hand side distinctly on the bottles; I drew one dozen, and put it to the other, that made forty-four, and then I drew ten dozen in quarts, which made fifty-four dozen and five bottles; I do not include what was drawn after that, there came twenty-two after that, but that is not included in what was taken to Sackville-street; I know nothing about the removal of the wine; in all there were fifty-two dozen moved into Sackville-street, and two dozen and two; there were fifty-four dozen and five drawn from the pipe.

Court. Q. Rather a short pipe? - A. No.

Q. So that you marked only fifty-four dozen and two, did you mark them as you put them in? - A. I scored them as they brought them in, I told Mr. Berleyson how many; he was not there.

Prisoner's defence. I speak before God Almighty, that I never took a bottle of wine in my life.

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

GUILTY , aged 28.

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

First Middlesex Jury, before Mr. Recorder.

211. GEORGE SUNBURN was indicted for feloniously stealing, on the 6th of February , a gold hunting-watch and seal, value 10 l. the property of John-Lowther Johnstone , Esq. and a silver watch and seal, value 3 l. the property of Bernard Chamberry .

(The case stated by Mr. Knapp.)

BERNARD CHAMBERRY sworn. - Examined by Mr. Knapp. I am a servant to Captain Johnstone .

Q. Do you remember receiving a gold hunting-watch from him? - A. Yes, this day fortnight; there was a seal to it, and a seal to my watch.

Q. What time of the day was it when he gave you his watch to take home? - A. At nine o'clock at night, I was to take it home; it had a gold seal, with my master's coat of arms on it and a red ribbon; I put it in my left-hand breeches-pocket; then I went to a public-house, about ten o'clock, the Feathers, St. Martin's-street, Leicester-square.

Q. Where does your master live? - A. No. 30, Great Maddox-street; I met with the prisoner accidentally, I had seen him once before.

Q. Was there any other person there? - A. Another Swede; I am a Swede, and the prisoner is a Swede; we sat down and drank together, I paid for all the liquor; we drank five glasses of gin and water each.

Q. Had you any watch about you? - A. I had my own, and my master's; my master's is a gold hunting-watch, with a gold seal; mine is a silver watch, with a metal seal.

Q. How long did you stay at this public-house? - A. Till one o'clock in the morning.

Q. Did you go out together? - A. Yes, me and the prisoner, and my friend.

Q. Are you sure you had your master's and your own watch about you? - A. I am quite certain.

Q. You know you were very drunk? - A. I did not feel myself drunk in the house, the air took effect of me when I came out, that I could not recollect any thing but calling for a watchman in Leicester-square, and I recollect perfectly well knowing that I had both the watches in the public-house.

Court Q. Who called the watchman? - A. I did.

Q. Do you recollect missing your watches there? - A. I do.

Cross-examined by Mr. Gurney. Q. You went home? - A. I did.

Q. Where did you find yourself? A. I found myself in my own lodgings, in Upper Rathbone-place; I do not know whether I walked or rode there.

Q. Do you remember whether you were rolling on the ground? - A. I cannot say whether I fell down, I remember having some words.

Q. How many times you fell down or no, you cannot say? - A. I do not recollect that I fell down, my clothes were not dirty.

Q. When did you feel for the watches before you left the public-house? - A. I remember feeling for them, and looking at one before I went out, and I saw it was one o'clock when I went out.

WILLIAM ANTHONY sworn. - Examined by Mr. Knapp. I am an officer of Bow-street, and apprehended the prisoner on the 8th of February, at the Red Lion public-house, Crown-court; I searched him, and found a silver watch and seal, I have got it here, and a duplicate of a gold watch and seal; he said, the prosecutor had given them him to take care of.

Q. Did you go with the duplicate to get the watch? - A. No, the pawnbroker called at our Office before. (The watches produced.)

Mr. Knapp. Q.(To Chamberry.) Look at that watch, is that your watch? - A. Yes.

Q. Is that your seal? - A. No, that is my master's seal, it is a gold seal, with my master's coat of arms on it; I am quite sure it is my watch.

- MONKESTER sworn. - Q. You are shopman to a pawnbroker living in Great St. German-street? - A. Yes.

Q. Do you know the prisoner? - A. Yes; on the 7th of February he pledged a gold hunting-watch for five pounds; he came to our shop with a Mr. Warren, who is here; he told me it belonged to himself. (Produces the watch.)

Q. Had you the watch with a seal? - A. As it is exactly.

Q.(To Chamberry.) Is that seal the seal of your watch? - A. It is the very seal.

- WARREN sworn. - Examined by Mr. Knapp. Q. Do you know the prisoner? - A. Yes; I am a hairdresser, and live at No. 18, Crown-court, St. James's; the prisoner lodged with me last Tuesday week, he came into my shop, and asked me whether I thought he could get five pounds upon this watch; he wanted money, he said, he should have more money in a few days; I went with him, and shewed him the shop.

Q. Did you ask him how he came by that watch? - A. He said that he gave sixteen pounds for it.

Court. Q. Did he say how long he had had it? - A. No.

Captain JOHNSTONE sworn. - Examined by Mr. Knapp. Q. Will you have the goodness to look at that watch, (the watch handed to him) - is that your gold hunting-watch? - A. It is; I have no doubt of it.

Q. Do you remember delivering it to your servant? - A. When he came down to St. James's, a gentleman came and asked me what it was o'clock; I said to my servant, I had no occasion for a watch with my sash on; I gave it him to take home.

Q. Look at the seal that is on that watch? - A. That is a metal seal, and the key too is metal; a gold seal was on my watch when I gave it my servant to take home.

Q.(To Chamberry.) Can the prisoner speak English? - A. We always talk in Swedish; I do not know whether he can speak English, or not.

Anthony. He could speak English at the Office.

ABRAHAM ALQUIST sworn. - Examined by Mr. Gurney. Q. You are a Swede, I believe? - A. Yes, I know the prisoner, and I know Chamberry, Captain Johnson's servant; I was with them this day fortnight at a public-house. We went away a little after one o'clock; we staid there about three hours.

Q. Were you all drunk? - A. Yes; these two men, when they came in the air, could not stand; I was the best of all three; they went this way and the other; Captain Johnson's servant wanted something more to drink, and then they called a watchman, and a watchman came and asked us if we wanted to go and have some drink; the watchman told us of a place, as we could not find any open; then we got down to a public-house, and that made us worse; I could not see any difference, one was as bad as the other; Chamberry said, I have lost my watch.

Q. Where was that? - A. In a little-court, I believe they call it Houghton's-court, Leicester-square .

Court. Q. He was not so drunk but he mentioned that he had lost his watch? - A. Yes.

GUILTY , aged 23.

Confined six months in the House of Correction .

First Middlesex Jury, before Mr. Recorder.

212. JOHN SMITH , otherwise RUTT , was indicted for feloniously stealing, on the 30th of January , two silver tea-spoons, value 3 s. and one pair of silver sugar-tongs, value 2 s. the property of Stephen Kinsey .

JAMES FELLOWS sworn. - I am servant to Mr. Kinsey, who keeps the Imperial Hotel, in Covent garden : On the 30th of January, the prisoner at the bar came, and ordered breakfast; as soon as I gave it him, he gave me a seven-shilling piece to take for it. From the circumstance of his paying for it as soon as he had got it, and from the general appearance of the man, it created a suspicion in me; I had occasion to leave the room, the prisoner followed me, and made off as fast as he could; I examined the tea-board, and missed one teaspoon, and one pair of sugar-tongs.

Q. Had he drank his tea? - A. No, I had given him his tea; I immediately pursued him, and caught him; he wanted to come back into the house; I took him to Bow-street; he offered me the property, and a seven-shilling piece, if I would let him go; he was taken to the Brown Bear , and there searched, and the property found on him, and two night-caps that he had taken out of a gentleman's great coat pocket that hung in the room just by him.

Q. There are two spoons in the indictment? - A. I only mentioned one; the officer has the property.

GEORGE WENTWORTH sworn. - I belong to the office in Bow-street: On the 30th of January last, I received the prisoner in custody, and found on him these two spoons, one pair of sugar-tongs, and these night-caps. (The property was produced and identified.)

GUILTY , aged 25.

Confined one month in the House of Correction .

First Middlesex Jury, before Mr. Recorder.

213. HONORA SULLINS was indicted for feloniously stealing, on the 10th of February , a pair of sheets, value 8 s. a blanket, value 3 s. a frock, value 2 s. 6 d. a cloth great coat, value 12 s. and a shift, value 3 s. the property of John Neave .

JOHN NEAVE sworn. - I live in Banbridge-street, St. Giles's : On Friday, the 10th of February, between twelve and one o'clock, nobody was at home but the prisoner at the bar; she lodged in my room; my wife came home, and saw the prisoner at the bar going out of the door with a bundle under her arm.

BARBARA NEAVE sworn - This woman had lived with me for about three weeks, we took her in as a lodger; I went out to work, and she owed me two or three shillings; I took her then to mind the baby; when my master had nothing to do for me, I told her to provide herself a better place; I could not afford to keep her. She went away from me, and came and slept one night in my place; she had been away four or five days; when she came back, I left her at home; when I went out, I left the sheets, a blanket, a child's frock, three night-caps, two white handkerchiefs, and one silk one that we found upon her head, on the lines; my husband's great coat was gone before; I had been out for two or three hours; I met her at the door, she had a bundle; I asked her if she had locked the door; she told me, yes; I unlocked the door, and looked at the lines where I left these things; the three handkerchiefs and frock I missed from off the lines. I went into the room, and missed the bed-clothes, and a shift of mine that lay in the room; I asked her, when I met her at the door, where she was going; she told me; I followed her, but she was not there; I went to another place, and she was not there; I found her in Holborn, near St. Andrew's church; we brought her back, and sent for a constable; she wanted to borrow a penny of me to get a drop of gin; when the constable came to search her, she had four shillings and twopence, my scissars, and my comb.

Q. Have you ever found your blanket? - A. No, nothing but the handkerchiefs.

Q. Was the bundle large or small that you met her with at the door? - A. It was pretty large; she had it under her arm, and her cloak put over it; she had nothing of the bundle when we found her.

Prisoner. Her husband's great coat was gone two days before I returned to her house.

WILLIAM BLACKMAN sworn. - I am an officer: On the 10th of February, the prosecutor brought the prisoner, and gave me charge of her; I searched her, and found a spotted silk handkerchief on her head, which the prosecutor described to me, and said it was his; there was a hole in one corner that he had burnt with a pipe; when I took it off her head, I found it was exactly so; I found a comb, an old pair of scissars, afew shillings, and about twenty-two penny pieces, and a great many duplicates.

Q. There is no duplicates of these things? - A. No; she acknowledged before the Magistrate that she had made free with the handkerchief to put it on her head.

Q. Have you ever traced the property? - A. Yes; I have searched the pawnbrokers; here are a great many duplicates of seven or eight shillings value.

Prisoner. They are all mine.

(The handkerchief produced and identified by the prosecutor.)

Prisoner's defence. I have nothing to say, my dear sir; only, while I was washing for her, I put the handkerchief on my head; I did not think it was stealing, if I had I would not have put it on my head.

Q.(To Neave.) Did you leave the woman in your room after your wife went out? - A. I left her in the room, when I went out, as I had a young family; I went out to a day's work.

GUILTY, aged 57,

Of stealing the handkerchief .

Confined one month in the House of Correction , and fined 1 s.

First Middlesex Jury, before Mr. Recorder.

214. GEORGE MEADOWS was indicted for feloniously stealing, on the 28th of January , three pieces of Nankeen, value 20 s. five pounds weight of candles, value 3 s. three African sashes, value 1 s. 6 d. four cocoa-nuts, value 6 s. one ship block, value 1 d. twenty-four segars, value 6 d. and one handkerchief, value 6 d. the property of Adam Johnson .

(The case was opened by Mr. Gurney.)

CHARLES OGLE sworn. - Examined by Mr. Gurney. I am an officer: on the 28th of January, about five o'clock in the evening, I apprehended the prisoner in White-Horse lane, near Whitechapel.

Q. What did you find upon him? - A. All the articles mentioned in the indictment. (The property produced by the officer.) I stopped him on suspicion.

Q. Did you ask him how he came by these things? - A. He said he did not know; he was very much intoxicated; I never saw him before; he was detained till the next day, and then he found bail till Monday; and then he appeared again.

Cross-examined by Mr. Knapp. Q. He found bail, and on Monday he appeared when a prosecutor appeared? - A. Yes.

ADAM JOHNSON sworn. - Examined by Mr. Gurney. Q. You are master of the ship called Nymph ? - A. I am.

Q. Has she been lying in the bason of the West-India dock, Blackwall ? - A. Yes; she arrived about the 28th of last month.

Q. Was the prisoner at the bar on board of your ship; was he left there in care? - A. I left him in possession of my ship cabin on the 28th, and told him likewise to take particular care of the cabin.

Q. What hour of the day? - A. About half after four o'clock, as soon as I got the ship moored.

Q. When did you go back to your ship? - A. On Monday, the second day following.

Q. Did you find your trunk meddled with? - A. When I went into the cabin, I wanted to shift my clothes; I found my trunk open; my trunk was not locked when I went away; I found several things were taken out; I lost three pieces of Nankeen, one piece was gilt; I lost some cocoa-nuts and some segars, I cannot rightly tell the number of either; an handkerchief, and a number of things.

Q. Have you lost a ship's block? - A. I cannot rightly say.

Q. Look at these things; the handkerchief first; is that your's? - A.It is very much like one that I had; I cannot say perfectly that it is the one I lost.

Q. Do you know any thing of these African sashes? - A. I have seen them with one of the men, William Martin ; I had seen them about a fortnight before we arrived.

Q. Now, with respect to that Nankeen, had you cut it or a black? - A. It was cut by a black; upon my word, I cannot say it is mine; as for the ship block, it is more than I can say; we had several.

Cross-examined by Mr. Knapp. Q. Is there any particular thing now shewn you that you will positively swear to? - A. I cannot exactly say.

PETER BLACK (a black man) sworn. - Examined by Mr. Gurney. Q. Have you been christened? - A. I have; I am cook of the ship.

Q. Is it a good thing or a bad thing to tell a lie? - A. It is a bad thing.

Q. If you tell a lie upon oath, what will become of you? - A. I know a lie very well; if we do, we go in the bad world.

Q. Are you sure you cut that piece of Nankeen? - A. Yes, I believe so.

Q. Is it your master's? - A. My master had one like that.

Q. Did you see the prisoner go out of the ship that afternoon? - A. No.

Q. Did you see him do any thing to the things that are there? - A. No, I did not see him; there were a good many other officers on board.

Cross-examined by Mr. Knapp. Q. You have cut Nankeen in the same way before now? - A. Yes; I have cut the six yards off; I have cut them in two; I have cut them out for trowsers.

Q. Who do you make trowsers for besides the captain? - A. None.

Court. Q. When you are in the West Indies you do? - A. Yes; I cut that out myself; they are in the ship.

Q. Is that the only reason you know them, because they are in the ship? - A. The trowsers I lost when I came on board the ship; I did not see the man take that; I have no doubt it is the captain's.

Q. You do not know what is in the trunk? - A. Yes, I have packed it sometimes.

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

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

215. ELEANOR HODGES was indicted for feloniously stealing, on the 29th of December , a blue cloth coat, value 17 s. the property of Benjamin Cooms .

BENJAMIN COOMS sworn. - I am a carman , and work for John Philpot , in Great Windmill-street: on the 28th of December my coat was in my box, and on the 29th it was gone; the prisoner lodges in the same house where I lodge.

Q. Was your box locked? - A. No.

Q. Did she lodge in the same room? - A. No; in the same house.

Q. What business is she? - A. I do not know.

Q. Why do you accuse her of it? - A I went down to the landlord, and the landlord told me he saw Eleanor Hodges go out with a bundle.

Q. Did you ever find your coat? - A. I found it at Mr. Nicholls's, a pawnbroker's, in Warner street.

JOSEPH GREGORY sworn - I am a constable; the father of this young lad informed me, that he thought it was the three women that lodged in the same house; I knew some of the lodgers there by sight.

Q. Are they loose women? - A. I see them go about, two or three of them together; I have seen them go into the gin-shop; I took all the three women to the pawnbroker's; the pawnbroker pointed out that woman from the three.

Q. Do the three women live in the same house? - A. I believe two of them do; I know they did at that time; I took her before a Magistrate; she was committed till the Monday following, and a duplicate was brought on the Monday.

WILLIAM NICHOLLS sworn. - I am a pawnbroker, in Warner-street; on the 29th of December last, at seven o'clock in the evening, a blue cloth coat was brought to me to pledge, upon which I lent 15 s.

Q. Who brought it? - A. The prisoner at the bar, to the best of my knowledge; I produce the coat.

Q.(To the prosecutor.) Is that your coat? - A. It is.

Prisoner's defence. I never came to your shop but once, and then I pledged a coat for 1 s. 6 d. it was a black one; I lodge in the next room to where he lives; it is an open house, where there are half a dozen people in and out in the night, and an open door continually; I never had any thing lost in the house; I have lived four months in the house; I had very bad health, and very seldom out from one month to the other.

Q. Have you any witness here? - A. Yes.

JAMES M'GILL sworn. - I heard of the loss of a coat; some time after, in my room, I found a duplicate, rolled up, as if it had been put through the key-hole of the door; I said to my wife, you are very careless of your duplicates; I had a coat in pawn; I thought it was this coat; I threw it by and thought no more of it; my wife, a day or two afterwards, said, that duplicate is not your's; I live in the room facing the prosecutor's; I cannot see how it came there; I picked it off the floor, and this person had access to my room, the same as her own.

Jury. (To Pawnbroker.) Q. Are you certain that is the woman that brought the coat to you; you might mistake? - A. A mistake is what we are all subject to; it was night when she brought it, but I have no doubt in my own mind.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

216. MARY PHILLIPS was indicted for feloniously stealing, on the 30th of January , a cloak, value 1 s. a bonnet, value 1 s. an apron, value 1 s. and a cap, value 6 d. the property of Benjamin Christie .

JANE CHRISTIE sworn. - Q. What is your husband's name? - A. Benjamin Christie; he is a weaver , and works for Mr. Packer, St. Andrew's-hill.

Q. What day was it you lost your things? - A. I cannot tell exactly, it is this day three weeks; I live at No. 2, Cockpit-alley, Great Wild-street , and work for Mr. Sheddon, Covent-garden, for the army; a woman that works for me brought this poor woman; complaining that she wanted work; the person that brought her is of loose character, and apt to drink; I said, do not bring her up now, my husband is at home, bring her up when he is gone, you know he is a cross man; she seemed a clean woman, and stopped in my place from Wednesday till Monday; then she lit the fire. and run up and down as if she was quite wild; presently I missed her and the things; I run after her myself, and was very much frightened, as you must needs think; I found her staring about St. Giles's, as if she did not know where she was going to; the people of the house persuaded me to charge a constable with her, and I did.

Q. Was she sober? - A. O yes, very sober; so simple that I could not draw a word out of her.

Q. Did you find your things? - A. Yes, I took them away from her; I found every thing on her but the apron.

Q. Did you find your bonnet on her? - A. Yes, and the cloak; my cap she gave me out of her pocket; my apron she said she had lost.

Q. What did the prisoner say? - A. I could not make any thing of her, she seemed quite stupid.

Q. Where are your things? - A. The cloak and bonnet I have on, I have no other, and this is the cap.

Prisoner's defence. You remember you catched me at the pawnbroker's shop; she came in a hurry, and tore the bonnet off my head; I said, will five shillings satisfy you; a man said he had five, but he would give seven, and she said she would not hurt a hair of my head.

Q.(To Mrs. Christie.) Did you say that you would not hurt a hair of her head? - A. Yes; I told her I only wanted her to come back and see if my work was safe.

For the Prisoner.

EDITH PITTMAN sworn. - I live at Croydon, in Surrey, and am a silk-dyer.

Q. What do you know of this woman? - A. She has been a lodger in my house six months, I always found her honest, but she is always insane once a month, and has been confined for the same thing once before; a very honest woman when she is right in her head, and when she is so for a day then she comes too; it is owing to trouble that she had from a husband that is dead.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

217. ANN EDWARDS and ANN HITCHINS were indicted for feloniously stealing, on the 19th of January , four silk handkerchiefs, value 12 s. a shift, value 1 s. a table-cloth, value 2 s. and a napkin, value 1 s. the property of William Smith .

MARY SMITH sworn. - I am a married woman; my husband's name is William Smith ; I live in White-Lion court, White-Lion street, Seven Dials ; I am a laundress, and keep a mangle; on Thursday, the 19th of January, Hitchins came in about a quarter after ten in the morning; I went down to mangle an apron; the other prisoner came.

Cross-examined by Mr. Gurney. Q. Did you see her come? - A. No; I did not.

Q. Did you hear her? - A. I did not.

Q. How do you know she came in? - A. By her confession; I came up stairs and missed the property.

Court. Q. What property? - A. Four silk handkerchiefs, a shift, a table-cloth, and a napkin; the handkerchiefs were hanging in the yard, the table-cloth and shift in the passage leading to the yard; I made no doubt but Hitchins had taken them; Hitchins came up before me, and left me in the kitchen.

Q. Then, when you got up she was gone, and the things too? - A. Yes; I went and got an officer, when I heard where Hitchins lived, and we went there, and some of the property was found there; she lodged at No. 15, White-Lion street, almost facing where I lived; we found there two handkerchiefs in her lodgings, and the duplicates of the shift and one handkerchief; the other handkerchief and table-cloth I never found; one duplicate was found on Edwards, and the other on Hitchins.

Mr. Gurney. Q. You never saw Edwards before? - A. No.

RICHARD DOBREE sworn. - I belong to the office in Bow-street; on the 20th of January Mrs. Smith came to the office and said she had been robbed; she took us to White-Lion street, No. 15; up two pair of stairs, in a front room, we found the two prisoners; on searching Edwards, I found the duplicate of this shift, pawned for two shillings, and on the bed in the room I found this handkerchief; Mrs. Smith said it was her property; on searching the other prisoner, Hitchins, I found nothing but the duplicate of a watch, pawned for 19 s. 6 d. and on searching a box that stood in the room I found this handkerchief, and a duplicate of another handkerchief and a pair of stockings, in pledge for 4 s.

DAVID CAMERON sworn. - I am a pawnbroker, in the Strand; on the 19th of January I received a shift in pledge for 2 s. from Edwards; they have been customers to our shop for twelve months; at the same time I received a silk handkerchief and a table-cloth, for 4 s. from Hitchins; I can swear to both the prisoners; they have been frequently together at the shop. (The property produced, and identified by the prosecutrix.)

Prisoner Hitchins defence. I saw the young woman pick them up at the end of the court; I was coming down, and I cried halves; she gave me one of the handkerchiefs, and I pledged it.

The prisoner Edwards did not say any thing in her defence, but called two witnesses, who gave her a good character.

The prisoner Hitchins called two witnesses, who gave her a good character.

Edwards, GUILTY , aged 19,

Hitchins, GUILTY , aged 18,

Confined one week in Newgate , and fined 1 s.

First Middlesex Jury, before Mr. Recorder.

218. JANE DAVISON and ANN TURVEY were indicted for feloniously stealing, on the 14th of January , a gown, value 6 s. five handkerchiefs, value 2 s. 6 d. two aprons, value 2 s. four pieces of bed-furniture, value 5 s. a shift, value 3 s. a flannel petticoat, value 1 s. 6 d. a bolster-case, value 6 d. a table-cloth, value 1 s. a pocket, value 6 d. and a pair of stockings, value 1 s. 6 d. the property of Ann Read .

ANN READ sworn. - I live at No. 7, Chapel-street, Tottenham-Court road , and sell books and songs ; the prisoners came in to look at some songs; they asked for Black-eyed Susan; about ten minutes after, three men came in; the men were very noisy, and there was a noise in the next room; I did not hear my drawers open; Davison opened my drawers; nobody else was nigh them but her; she took out my gown, five handkerchiefs, two white aprons, four pieces of bed-furniture, one pair of stockings, a pocket, a bolster-case, and some articles besides.

Q. Did you see them take them? - A. No, I did not; the men stood round me and baffled me so that I could not see; Davison got behind me as soon as the men came in.

Q. Did you find the things? - A. No, the officer found them, while I was gone to the pawnbroker the officer met me with the things.

EDWARD CROCKER sworn. - I am an officer: on Saturday, the 14th of January, at a quarter past nine at night, I was going up Tottenham-Court road, and, by the end of Windmill-street, I met the two prisoners and three men behind them; I let them pass me, and I followed them towards Oxford-street; the women parted from the men at the end of Hosier-court; I got a man to assist me, and took the two women into custody; the three men ran away; I secured the women, and took them into a shop, and in the prisoner Turvey's apron was the property I now produce; I asked her where she had got it; she said she found it; I took them to St. Pancras watch-house, close by where the prosecutrix lived; a person came into the watch-house and gave the alarm of the robbery when I came in with the property.

Q. Did you know the women before? - A. Yes, I have seen them; I knew the men very well; I apprehended two of the men afterwards, but the prosecutrix could not identify them.

Q.(To the Prosecutrix.) Who took them out of the drawers? - A. Davison took them out of the drawers.

Davison's defence. I never stirred from the counter, nor was nigh her drawers, and when I came out at the street, facing the shop, this woman picked up the bundle.

Turvey's defence. I picked up the bundle at the second turning coming from the shop; I went up as far as Tottenham-Court road, and coming along I met with Jane Davison ; she said she was going to Oxford-street, to see her brother; I went into that woman's shop to buy a song; I am a stranger in London.

Davison called one witness, who gave her a good character.

(The property produced, and identified by the prosecutrix.)

Davison, GUILTY , aged 34,

Turvey, GUILTY , aged 39,

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

219. JOSEPH GARDNER was indicted for feloniously stealing, on the 2d of February , a shirt, value 2 s. a knife, value 6 d. and ten halfpence; a 5 l. Bank note, a 2 l. Bank note, and a 1 l. Bank note , the property of Alexander Sanderson .

ALEXANDER SANDERSON sworn. - I am a seaman , lately discharged from his Majesty's service, and live at No. 42, Kent-street , in the Borough; on the 2d of FebruaryI got up and missed my clothes out of the window, where I put them.

Q. What is the prisoner? - A. I do not know; I never knew him do any work since I have known him, which is about a fortnight or three weeks before he robbed me; it was about five o'clock in the morning; on missing my clothes I was very uneasy; I saw a light in the next room, and got a light to look for my clothes; I found them on the landing-place outside of the door, excepting my shirt, which was gone; I searched my pockets, and looked for three notes which I had sewed in one of them; I run a thread across my pocket to keep the notes safe, and put my knife above it in the same pocket; my knife was gone to; and there were fivepence three farthings; he had dropped a halfpenny and a farthing on the stairs; I went down stairs and waked my landlady; I asked her who went out, and told her I missed Joseph Gardner out of the room, and that I was robbed; she said she did not know who went out, that she was asleep, and told me to lock the door, if it was unlocked; I locked the door and went up stairs to look for another shirt (I sleep without my shirt); he had taken that one away; I went and got another shirt of my landlady; she told me he frequented a place in Whitechapel, and she would go with me and enquire; we went there, and my landlady made the case known at the house; the women knew my landlady, and let us stop till he came in; I slipped behind the door; my landlady said to him, well, Joe Gardner , what is this you have done; look at that poor man, that cripple, that you have robbed; he at first said he had taken nothing, in a kind of sneering laugh; I said, Joe, let me have my shirt and notes and things, and I will let you go; he said he pawned the shirt for 3 s. at Blackwall; I asked him to give me the duplicate of the shirt and the rest of the property and I would take the shirt out of pawn; he did not seem agreeable; I sent my landlady to get a constable, and I kept him in the house; he then owned he had done a great fault in taking them from me, and if I would go with him to Blackwall, he would give me all he took away; I thought as I was not so nimble as I used to be he might run away from me and give me the slip; the constable came in; my landlady said, this is the man; the constable then fell too and searched him; he found some halfpence, tobacco, my knife, and a bit of bread; no notes at all, nor my shirt.

Q. Are you sure that he told you, if you would go to Blackwall he would give up the things, before the constable came? - A. He said he could not find the duplicate.

Q. What time was it you went to this house in Whitechapel? - A. About 10 or 11 o'clock.

Q. Have you found your notes since? - A. No; nor my shirts.

SARAH NEWMAN sworn. - I am the landlady of the house where these two men lodged, in the same room; I knew nothing about it till this poor man came down to me; he said he had lost his clothes, and asked me who had gone out; I told him I did not know; I asked him to lock the door; he went down and locked it; at breakfast time I told him I would go and enquire where Mrs. Walker lived, where the prisoner used to resort; we went there, and after we had been there about an hour he came in.

ROBERT HESLOP sworn. - I am an officer, and went, on the 2d of February, with Sarah Newman , to Essex-street, Whitechapel, where we found the prisoner and Sanderson in a room; Sanderson told me he had been robbed the night before, and desired me to take the prisoner into custody; I searched the prisoner immediately in the room; I found nothing belonging to Sanderson, excepting a knife, which he swore to; I asked him for the shirt; he owned pledging it, but he would not tell where; he said he could not find the duplicate.

(The knife was produced and identified by Sanderson.)

Prisoner's defence. Last Wednesday fortnight I laid at Mrs. Newman's house; I got up to work in the morning, I work at a rope-ground as a jobber, and going down to the ground to work, it began to rain; there was no work to do; I went to Blackwall to an acquaintance that had promised to get me work there; I called on his wife in Whitechapel, and the prosecutor being there, charged me with a robbery; I told him I knew nothing at all of it; I told him I had a shirt, if he would let me go about my business.

GUILTY , aged 19.

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

220. THOMAS PATTMORE was indicted for feloniously stealing, on the 8th of February , fourteen lb. of pepper, value 4 s. and a bag, value 2 d. the property of Richard West .

RICHARD WEST sworn. - I live in Oxford-street, I am a salter : On Wednesday evening, the 8th of February, coming down Oxford-street, between nine and ten o'clock, I observed a person passing me, looking very strenuous at me; on turning round, I observed it to be my servant , the prisoner at the bar, with a large bundle concealed under his great coat; I followed him under the idea that I should see where he was going to take it to. When I got into Harley-street, I think he then observed me following him, upon which he began to run till he came into East-street, Manchester-square; he went into a court that leads into the mews, I run after him, and he dropped the bundle at the end of the court, in the mews; he had got his coat off, and thrown across his arm; I asked him what he had done with his bundle, and he denied ever having it. On my turning back, I found the bundle where I supposed he had dropped it; I took it up, and brought it home with me; the prisoner lived in a room over my stable; I went there, and waited till he came there; I gave him into custody of the watchman about half past eleven o'clock, and he went to the watch-house. He was intrusted with locking up my warehouse, he had 17 s. 6 d. a week, my old clothes, and victuals from my house, and his wife had about ten shillings a week; he was placed in a situation far above want.

Cross-examined by Mr. Knapp. Q. How many partners have you? - A. None; I have been in business about ten years.

Q. You do not mean to swear to pepper? - A. No, only to the bag.

Court. Q. It was in the warehouse? - A. Yes, it was started in a bin in the warehouse, which he had the locking up.

JOHN HORSER sworn. - I am a constable: On Wednesday night, the watchman brought the prisoner, and the prosecutor brought the pepper. After the prosecutorhad gone, I asked him what he was going to do with the pepper; he said he was going to a customer of his master.

The prisoner did not say any thing in his defence, but called three witnesses, who gave him a good character.

GUILTY , aged 40.

Confined one month in the House of Correction .

First Middlesex Jury, before Mr. Recorder.

221. JAMES HEATH was indicted for feloniously stealing, on the 17th of February , eighty-seven lb. of tea, value 26 l. the property of Mark Jobson .

There were Three other Counts, varying the manner of charging it.

WILLIAM HUDSON sworn. - Q. You are a servant of Messrs. Bradey and Sanderson? - A. Yes.

Q. Had you any tea on board the Anciene on Friday last? - A. Yes.

Q.What did you do with it? - A. I carried it to the Red Lion Wharf, in Thames street.

Q. How many chests were there? - A. I believe there were thirteen chests, and four trusses.

Q. To whom did you deliver them? - A. I did deliver them there; I do not know the person's name exactly.

Cross-examined by Mr. Knapp. Q. You said, I believe, thirteen chests; are you quite certain of it? - A. I have the note in my pocket.

Court. Q. See whether it is thirteen chests? - A. Yes, it is, thirteen chests, and four trusses.

Q. Who delivered them? - A. Our warehouseman, David Clay .

Q. Is he here? - A. No.

JOHN TODD sworn. - Q. You are clerk to Mr. William Todd ? - A. Yes.

Q. William Todd is a wharfinger and lighterman? - A. Yes.

Q. Did you receive this tea? - A. I did, on Thursday last.

Q. How much did you receive? - A. Thirteen chests and four trusses.

Q. What did you do with it? - A. I shipped it on board a lighter to go down to the ship.

Court. Q. Did you put it on board that night, or in the morning? - A. The next morning.

Q. How were they secured? - A. Safe on the wharf.

Q. How many did you ship for Messrs. Sanderson and Bradey? - A. I cannot exactly say; we had a great many.

Cross-examined by Mr. Knapp. Q. Are you in partnership with your brother? - A. No, I am not.

Q. You say, it was on board a lighter? - A. Yes, it was.

Q. Is there any difference between a lighter and a barge? - A. I don't know; it is called the Gainsborough.

Court. It is sometimes called a barge, and sometimes a lighter.

Mr. Knapp. Q. Has this lighter or barge got a flat bottom, or a keel? - A. A flat bottom.

THOMAS PLATT sworn. - Q. You were the lighterman employed by Mr. William Todd ? - A. I was.

Q. Did you receive on board this barge any tea? - A. I received on Friday last this tea on board, and delivered it on board, in the presence of the captain, a quantity of chests of tea, and other goods.

Q. Where did you deliver it? - A. On board the Anciene, captain Jobson, lying off the Tower.

Q. Was it about the midstream? - A. It was nigh the Tower.

Q. Was it lying in the middle of the stream? - A. No, up and down.

THOMAS BARROW sworn. - Q. You are a seaman on board the Union? - A. I am: On Friday morning last, on the breast of the Tower -

Q. What vessel were you alongside of? - A. The Anciene; I happened to go upon the deck, and looked over, and saw two people in a boat.

Q. Did you see them distinctly - were they near you? - A. They were close under the bows of the Union; I asked them what they were doing there; they made no reply. I asked them again, and they did not answer then; by this time I saw the other man tumble a chest, or something like a chest, from the lighter gunwale into the boat; the prisoner was in the boat, and he received it; I took it to be a chest of tea. I told the master of the Anciene what had happened; they raised the alarm directly; they immediately began to shove the boat off, the prisoner and the other man. I acquainted the master of the Anciene, and the mate of the Anciene pursued them - his name is John Munro .

Q. Did you lose sight of the boat? - A. No.

Cross-examined by Mr. Knapp. Q. What time was this? - A. About nine o'clock in the morning.

Q. It was about nine o'clock in the morning when you saw two persons in a boat? - A. Yes.

Q. You knew nothing at all of them before? - A. No.

Q. You see what they were about - you went up to the master of the Anciene? - A. No, I told him what they were about.

Q. You are swearing to the person of a man, having seen him about a minute or two? - A. I took particular notice of him.

MARK JOBSON sworn. - On Friday morning, about nine o'clock, I was walking on deck, and received an alarm; I gave orders to my mate to go before, and pursue the two thieves; I saw the two men in a boat with a chest; I took my station on the ship where I could give an eye to them; I saw a chest of tea in their boat; my mate pursued them in a boat, I still had my eye on them on the water; they came along-side of a lighter at Davis's wharf; my mate got the boat quite close to their boat; the other man made his escape; I never lost fight of them till he was taken; he, not being so nimble as the other, was not so able to get off as the other was.

Q. Was this lighter fastened to the ship? - A. Yes.

Q. Is Davis's wharf on the Surry side? - A. Yes.

Q. Was your ship on the Middlesex side, and the lighter under her? - A. Yes.

Q. Was any thing brought back to you? - A. After I saw the man taken, I called for another boat; he offered to search his pocket, seemingly for a knife.

Q. What became of the boat? - A. I saw the boat all the time; my own people took possession of the boat, with the tea in it.

JOHN MUNRO sworn. - Q. You went and pursued this man, I believe? - A. I did.

Q. You saw these men in the boat? - A. Yes.

Q. You pursued them so close, that you never lost sight of them? - A. I am sure of it.

Q. Was the prisoner at the bar one? - A. Yes, that is the man, I laid hold of his shoulder.

Q. When you took him, you took possession of the boat? - A. Yes.

Q. Did you find any thing in the boat? - A. Nothing but a chest of tea.

Court. Q. That was the same boat in which the prisoner and his companion were? - A. I am certain of that.

JOHN MACARTHEY sworn. - I am an officer; in consequence of some information that there was a cry of stop thief, I went on board the Anciene; the prisoner was in custody of the captain; the captain said, he was the thief, and had stolen his tea; the prisoner said, he did not doubt but many would say so, but he was very well known; I immediately took him into custody; I have had the tea and chest in my possession ever since.

Court. Q.(To Prosecutor.) What is the weight of it? - A. It is marked 87 lb.

Q. What is the value? - A. Twenty-six pounds seven shillings.

Prisoner's defence. I am a porter , and work in Leadenhall-market: On Friday morning, about eight o'clock, I went down Pickle-herring-stairs, and asked this waterman to take me across the River; he told me he had a chest to take in, and if I was not in a hurry he would; I went into his boat; he got out of the boat to get the chest; I stood up, and somebody cried out, stop thief! he shoved it over some where; I stood on the boat; I did not know it was stolen property, else I might have run away as well as the man.

Court. Q.(To Munro.) Did you see this man get out? - A. Yes.

Q. Did he attempt to run away? - A. Yes, and the corn-porters stopped him.

Jury. Q. Did he row in the boat? - A. No, he was sitting on her stern.

GUILTY , Death , aged 22.

First Middlesex Jury, before Mr. Common Serjeant.

222. GEORGE WILSON and SUSANNAH HARTLEY were indicted for feloniously stealing, on the 14th of February , seven yards of printed cotton, value 7 s. the property of Alexander Hillman .

ALEXANDER HILLMAN sworn. - I live in Crown-street, Finsbury-square ; I keep a linen-draper's shop ; about three o'clock, I was standing behind the counter; a woman called out, you have lost some printed cotton from the door; I went out of the door, and the people said, there he runs; I overtook the prisoner, and they said, that is the man; he run down Long-alley; his great coat was buttoned tight, but something stuck out under his great coat; I tapped him on the shoulder; I told him I thought he had something of mine; he said he had not; I pulled open his great coat, and took the cotton from him, which is now in Court.

Q. How many yards were there? - A. Seven yards of printed cotton; it hung over an iron; it had been cut off; this was the piece. - (Shews it to the Court.)

Q. How long before you took it from him had you seen it? - A. Not five minutes; he then begged I would not expose him; he would go quietly with me; I took him to the Office in Worship-street.

Q.What reason had you to accuse the woman? - A. I did not accuse the woman, any more than she was at the Office, and one of the officers charged her with putting her hand as if she was taking something from her; I did not see the woman prisoner till I got to the Office; the officer asked her if she knew the prisoner.

Q. What was the officer's name? - A.Armstrong and Gray; she said, no, she followed merely out of curiosity; the man prisoner said, he never knew her; on being asked that, the officer searched her, but nothing was found in her possession belonging to me; the officer found a handkerchief in her pocket unhemmed, which exactly corresponded with that the prisoner had in his pocket. On pulling open her pellise, there was found a pair of scissars, which might have cut the cotton off, as there was a piece left on the iron at the door; a person in my shop had seen them together but two minutes before the cotton was taken away.

Q. When you looked at the cotton, did it appear whether it was cut by scissars or a knife? - A. I cannot tell any more than it was cut; I cannot say by what; the cotton I knew again when I saw it, what was left hanging on the iron; Ann Hall can speak that she saw her at the door, asking her the price of the cotton.

ANN HALL sworn. - I live with Mr. Hillman; I was standing at the door about five minutes before the robbery was committed; I saw the man and woman prisoner at the door; they were talking together; the man asked if I belonged to the shop; I told him, yes; he asked me the price of some things at the door; they both walked away together, and I went in; I had hardly been in before a man called out, the cotton was gone.

Q. Was this bit of cotton hanging rather on the outside of the door? - A. No, on the inside; he asked me the price of that very bit of cotton.

- ARMSTRONG sworn. - I am an officer: On Tuesday the 14th of February, Mr. Hillman brought the prisoner in, and gave charge of him for felony; I saw the prisoners searched; Ray has got the things; I found nothing on the man but money and some keys and a handkerchief; from an observation, the woman was given into my custody in the room; I searched the woman, on opening her pellise these scissars dropped out; on searching her pockets I found this handkerchief, it is unhemmed, and four keys, and this bit of stuff; I asked her her name, she would not tell her name, nor place of abode, and denied knowing any thing of the man; the man denied knowing her. The cotton was delivered by Mr. Hillman to me; I have had it ever since.

- RAY sworn. - I am an officer; I searched the man; I found a handkerchief that matched with that found on the woman, and unhemmed.

Wilson's defence. I took it from the steps of the door, not knowing what I was doing.

Hartley did not say any thing in her defence.

Neither of the prisoners called any witnesses to character.

Wilson, GUILTY , aged 24.

Transported for seven years .

Hartley, NOT GUILTY .

First Middlesex Jury, before Mr. Common Serjeant.

223. JOHN STAPLETON was indicted for feloniously stealing, on the 17th of February , twenty yards of tape, value 1 s. two thimbles, value 6 d. and half an ounce of thread, value 3 d. the property of Ann Barlow .

ANN BARLOW sworn. - I am a single woman ; I live with Mr. Charlton, No. 23, Baker-street .

Q. What did you lose? - A. Twenty yards of tape, two thimbles, and half an ounce of thread; I was in the house; I saw it the night before.

JOHN WINTER sworn. - I am a servant to Mr. Charlton: On the 17th of February, about half past nine in the morning, the prisoner came down the area steps; he pushed the door that goes into the servants-hall (it runs on a pulley), and came in; I was coming out of the kitchen with a tea-urn of water to take up stairs; I saw the prisoner; he asked me if Mrs. Moffat lived there; I told him, no; he said, he believed she was a fresh comer in the street; I told him there was a fresh family come to live at No. 17, but I did not know their name; he thanked me, and I thought he went out, but I did not know whether he did or no; I went up stairs with the urn; coming down stairs for the toast, I saw the prisoner come out of the housekeeper's room with this box; I cried out, holloa; he threw the box at me, and cut my face on the side of my nose; he went out; I pursued him, and took him; I have the box here; it was kept in the housekeeper's room.

The prisoner did not say any thing in his defence, but called three witnesses, who gave him a good character.

GUILTY , aged 18.

Confined one month in the House of Correction , and fined 1 s.

First Middlesex Jury, before Mr. Common Serjeant.

Mr. Baron HOTHAM delivered the Opinion of the Judges on the Case of Robert Aslett as follows:

ROBERT ASLETT , you were tried and convicted in this Court in September Sessions, 1803, for embezzling effects belonging to the Governor and Company of the Bank of England, you being an officer and servant of that Bank; and as such officer and servant you were entrusted by the said Governor and Company with certain effects belonging to the said Governor and Company. The indictment stated in the first Count, that you being an officer and servant of the Governor and Company of the Bank of England, and being entrusted with certain effects, that is to say, a certain paper, partly printed and partly written, purporting to be a bill, commonly called an Exchequer. Bill; the tenor of which bill is as follows, stating it to be a bill for 500 l. No. 1835, which paper, then and there belonging to the said Governor and Company, you did secrete, embezzle, and run away with the same; and which said sum of 500 l. in paper mentioned was then and there unpaid and unsatisfied to the said Governor and Company as holders thereof. The indictment then set forth two other bills in like manner, No. 294 and No. 1094, each for 1000 l. which you then and there, being such officer and servant of the said Governor and Company aforesaid, did also then and there feloniously embezzle, secrete, and run away with the said effects, so belonging to the said Governor and Company aforesaid. You have thus been charged in the indictment with having feloniously secreted and embezzled property belonging to the said Governor and Company of the Bank of England, to the amount of 2,000,500 l. against the statute, and against the King's peace. There were other Counts in the said indictment like the former Counts, only not stating the paper to be of any value, but stating that the Governor and Company had (on the credit and security only of such pieces of paper, partly printed and partly written) advanced a large sum of money; which money was then unpaid and unsatisfied to the Governor and Company of the Bank, they being holders thereof.

There were other Counts like the former, only stating these pieces of paper, securities instead of money or effects. It was argued by your Counsel, that these bills were not of any value or legal as Exchequer-bills, having been signed by a person not properly authorized by Lord Grenville, he not being duly authorised, though they had been issued as good and valid bills to the Governor and Company of the Bank of England, and paid for as such. Upon this indictment you have been lawfully convicted by a Jury of your countrymen, but judgment has been suspended till the opinion of the Twelve Judges of England was taken on this important case, in order to ascertain whether these bills or papers were effects and securities within the statute of the 15th Geo. II . Eleven out of the Twelve Judges were of opinion that some of the objections, so ably argued by your Counsel, should be sustained. Much consideration has since been given to those objections; they were very ably and very fully argued by your Counsel. The Judges have since held various conferences on it, which produced various different opinions, and it is now my duty to communicate to you the result of their mature investigation. Several points were urged in your favour, one of which, in order to make it out, supposes the offence with which you have been charged to be of such a description as to fall within the Act of the 15th Geo. II . chap. 13. sect. 11. yet it was said you could not be convicted under that Act, because that statute has been repealed by an Act passed in the reign of Geo. III . which your Counsel argued operated as a repeal of the former. Upon that point it is however unnecessary for me to enlarge, because all the Judges are clearly of a different opinion, and I am authorised by them to say, that they entertain no doubt upon the subject. They all concur in opinion, that nothing is contained in the second Act which can operate as a repeal of the first. The only and more important question which then remained for their consideration was, whether or not these bills fell within the true meaning of the statute of the 15th Geo. II . whether these bills or papers stated in the indictment do or not fall within the description of effects and securities denominated and described in that Act of Parliament. Upon this point indeed the Judges were not unanimous; but the majority are of opinion, that they are effects and securities within the true meaning of the Act. In order to make the matter more intelligible, I shall read to you that clause which is necessary, and which I particularly allude to:

"And be it further enacted by the authority aforesaid,

"that if any officer or servant of the said Company,

"being entrusted with any note, bill, dividend

"warrant, bond deed, or any security, money, or

"other effects, belonging to the said Company, or

"having any bill, dividend warrant, bond deed, or any

"security or effects of any other person or persons lodged

"or deposited with the said Company, shall secrete,

"embezzle, or run away with any such note, bill,

"dividend warrant, bond deed, security, money, or

"effects, or any part of them, every officer or servant

"so offending, and being thereof convicted in due

"form of law, shall be deemed guilty of felony, and

"shall suffer," as the Act directs.

The great object of the Legislature was to add security, and administer protection to the Bank of England. The immense national concerns with which it was and still is entrusted, called upon the Legislature for particular provisions in its favour. The principles of legislation must now be applied to the object then undercontemplation, and the view we take of any code, laws, or particular laws, must be more comprehensive, when it embraces and so materially concerns such a large incorporated body as the Bank of England, than when it only relates to private individuals. Considering this law then in the enlarged and liberal view on which it was framed by the Legislature (at the same time that all the judges disclaim every idea of straining any part beyond its plain and natural meaning, where it is so penal, and more especially where the violation is so clearly manifested) the recollection of the enormous weight of Exchequer bills in circulation, in which the public were so deeply and so materially concerned, cannot fail to occur to every mind in the present case; that these bills had become the fair and valuable property of the Bank, for honest purposes, was allowed on all hands, but still it was argued that they are not such effects or securities as fall within the true construction of the Act of Parliament, because they are not of any positive or intrinsic value. Now, whatever the Bank had of the loan, or whatever should be deposited with them, was expressly protected from the embezzlement of their officers or servants by the words of the Act; and although the bills in question may not, upon the face of them, be of any descriptive legal value, yet they carry about them such consequence at least as makes their preservation of infinite importance to the Bank; in that view, therefore, they surely have their value, though they may not be, in the strictest expression, the effect or security stated in their signature; the very Exchequer-bills which they would be were the defects removed; yet the Government of the country is pledged to pay them, even as they are, inasmuch as they have been issued under the authority of Parliament. They were given as valid bills, and the holders of them have as strong a claim, I will not say upon the honour only, but even upon the justice and equity of Government, for the payment of them, as if they were perfectly correct in every particular and in all their parts; they are, therefore, at least, valuable papers, whatever they may be called, and the holders of them receive them as such; they are issued to them as having the stamp and property up to that value which they import to bear. They are, therefore, to be included in the true meaning of the word securities, which may be made payable to any person having the legal hold of them. Nor are they to be less deemed included under the meaning of the word effects, which is confined to no particular species of property, but may consist either of specie or any other article whatever. It was this that the Legislature had in view when it made this safe-guard round the Bank; for be they effects or securities, or both of them, they import special property or value upon the face of them.

The offence of embezzling or secreting of such effects or securities, constituting part of the property of the Governor and Company of the Bank of England, does not (by the Act alluded to) make larceny, which requires some value to be ascertained, but it is created a felony, which induces no necessity for any value to be ascertained; but it must be acknowledged that these bills, of themselves, are such a species of security or effects as no man could hesitate to give the value, which on the face of them they import to bear. They are such effects or securities that, if a bankrupt was in possession of them, they are certainly such property as he would be made to give up, or bound by law to account to his creditors for, as part of his just debts. If an insolvent debtor was in possession of them, the common sense of mankind would revolt at the idea of their being of no value. An executor, who found such bills in the possession of a testator, would be bound to pay a tax for them to Government, even in the state as they came into his hands; and he would be in a bad state, and liable to punishment, were he to destroy them. But it was argued, that if the word effects was to be so largely construed, without restrictions, it would lead to absurdities; that they would ascribe value to things which were in themselves perfectly nugatory, such as pieces of waste paper, the stock of a few old pens, &c. the Judges, however, have not found themselves driven to such extreme length in construing the Act of Parliament which they have so minutely considered; their judgment goes to the express words of the Act, referring to such securities and effects only as are entrusted to their officers and servants in the Bank, and the bills in question fall under that description; these bills, therefore, being of such a nature that Government would be bound to rectify all deficiencies or irregularities, being the fair and honest property of the Bank, which they purchased bona fide for a valuable consideration, the majority of the Judges are of opinion, that they are really effects and securities of the Bank, falling within the construction of 15th of Geo. II . and that their embezzlement, you being an officer and servant of that Company, subjects you, in point of law, to conviction, upon the indictment on which you were found Guilty.