Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 July 2014), December 1806 (18061203).

Old Bailey Proceedings, 3rd December 1806.

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 3d of DECEMBER, 1806, and following Days,

BEING THE FIRST SESSION IN THE MAYORALTY OF The Right Honourable Sir WILLIAM LEIGHTON , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY JOB SIBLY, FOR R. BUTTERS.

LONDON:

PRINTED AND PUBLISHED By Authority of the CORPORATION of the CITY of LONDON, By R. BUTTERS, 22, Fetter-lane, Fleet-street.

1806.

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

BEFORE the Right Honourable Sir WILLIAM LEIGHTON , Knt. LORD-MAYOR of the City of LONDON; Sir NASH GROSE , Knt. one of the Justices of his His Majesty's Court of King's Bench; Sir ROBERT GRAHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; James Shaw , Esq. Sir Brook Watson , Bart, Sir William Staines , Knt. John Ainsley , Esq. Aldermen of the said City; John Sylvester , Esq. Recorder of the said City; Joshua Jonathan Smith , Esq. John Princep , Esq. William Domville , Esq. 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 Country of Middlesex.

LONDON JURY.

Edward Jones ,

Francis Hornby ,

Michael Sherrard ,

Thomas Hunt ,

William Mansfield ,

George Rawson ,

Thomas Watson ,

Zacharias Wood ,

Richard Baker ,

John Tanner ,

Robert Higgins ,

Thomas Hathway .

FIRST MIDDLESEX JURY.

Isaac Bignell ,

John Dewers ,

Richard Williams ,

William Lee ,

Richard Ayres ,

Alexander Diach ,

George Fearn ,

John Thompson ,

Phillip Coles ,

Thomas Maskams ,

Robert Taite ,

John Thresher .

SECOND MIDDLESEX JURY.

Guy Marshall ,

John Hunter ,

John Howell ,

James Fraser ,

James Mason ,

William Fairbrother ,

James Ranger ,

John Godfry ,

Edward Price ,

Joseph Leversuch Tuck ,

George Wilkinson ,

James Lowndes .

1. WILLIAM CARR was indicted for feloniously stealing on the 15th of September , a dollar, value 5 s. and three bank notes, value 5 l. each , the property of John Michael Abel .

The prosecutor not appearing in court, his recognizance was ordered to be estreated , and the prisoner was

ACQUITTED.

First Middlesex Jury, before Mr. Recorder.

2. WATKIN HERBERT was indicted for feloniously making an assault in the King's highway, upon Samuel James , on the first of November , putting him in fear and taking from his person and against his will, a silver tooth pick, value 1 s. a steel key, value 1 d. four shillings, and a bank note, value 10 l. his property .

The case was stated by Mr. Vaillants.

SAMUEL JAMES sworn. Examined by Mr. Vaillants. I am servant to Richard Stackfold , he lives in Grosvenor-place.

Q. Were you in Hyde Park on the 1st of November. - A. Yes.

Court. What day was it. - A. On Saturday the 1st of November.

Mr. Vaillants. At what hour was you passing through the Park. - A. Between eight and nine; I had been in Charles-street, Portman-square, I was going from there to the Edgware Road, I was afraid that I should be too late, I came across Cumberland Place from Berkley-square, and went into Cumberland Gate, Hyde Park.

Court. You came to Hyde Park at Cumberland Gate. - A. Yes; as I came to the bason in Hyde Park , the prisoner at the bar he passed by me and turned round.

Q. Was he running or walking. - A. He was walking.

Q. He was going the same way that you was. - A. No, he met me, he kicked my heels up and fetched me a blow over the side of my cheek, I fell on my back, and the prisoner demanded my property.

Mr. Vaillants. What did he say when he demanded your property. - A. He said d - n your eyes, give me your property; he first attempted at my watch, he put his hand into my left hand pocket.

Q. Was that your breeches pocket. - A. Yes, I had a ten pound note in that pocket, and a one pound note, one guinea, some silver, a silver tooth pick, and a small key, he took part of which, leaving the one pound note, and one guinea, and one shilling, in my pocket.

Q. He did not take the whole contents of your pocket out. - A. No; the prisoner then ran round the bason towards Kensington Gardens, I pursued him a short way, but I did not think it prudent to follow him in that direction; I came back into the same road again.

Q. What road. - A. The foot path in Hyde Park; I thought that he belonged to the barracks in that neighbourhood. I went to Portman-street barracks, I asked the centinel how long the roll call would be, he said in ten minutes, and I described the prisoner.

Q. You did not find him that night. - A. No, I stated that I had been robbed, I described his person to the centinel and to the sergeant, in the orderly room; they brought down one man in the same dress, he was not the man.

Court. You have not told us what the dress was which that man had on that robbed you. - A. A white jacket, a short dress.

Mr. Vaillants. Was his head covered or uncovered. - A. He had a round hat.

Q. Is that what they call a drill dress. - A. Yes, it is I believe.

Court. Was his face covered or uncovered. - A. Uncovered.

Q. Did you see him plainly - A. Yes.

Q. And you did see him plainly. - A. I did see him plainly.

Mr. Vaillants. What sort of a night was it. - A. A very light night.

Court. Do you mean that it was moon light or star light. - A. The moon was getting up, I do not know whether it had made its appearance or no.

Mr. Vaillants. Had you such an opportunity of seeing the person's face that robbed you, of knowing it again. - A. Yes.

Q. How long might this transaction take up; how many seconds. - A. It might be a minute or two.

Q. During that minute or two did you make an observation upon his face. - A. I did, I fell on my back, so that I had an opportunity of viewing his face.

Q. Had he any arms. - A. No.

Q. Nor a stick. - A. No.

Q. Upon the ten pound bank note which you had been robbed of had you yourself or any other person written any thing. - A. The person who writes Mr. Stackfold's letters always writes upon every one of his notes.

Court. Upon his bank notes I suppose you mean. - A. Yes, he writes the name of Richard Fitzgeorge Stackfold .

Q. Had you received that note of your master or of this person. - A. I received this very note of Mr. Stackfold that very day.

Mr. Vaillant. Upon this note you so received was there written the name of Richard Fitzgeorge Stackfold . - A. There was, I had received it that morning for my wages.

Q. Was that the one of which you was robbed. - A. That was the one.

Q. How long afterwards was it before you went to the barracks again. - A. I went on the Sunday morning, the next day.

Court. Had you ever as you know of seen the prisoner before. - A. No.

Mr. Vaillants. There was nothing done then. - A. No, I only left word with Captain Rainsford.

Q. You left word with the captain of the guard and described the man. - A. Yes.

Q. How many days was it afterwards before you was sent for. - A. I was sent for on the 9th, I did not go till the 10th.

Court. What day was the 10th. - A. On the Monday. I went to the barracks, there were six besides the prisoner brought down.

Q. What time of the day did you go. - A. On Monday the 10th, I went about ten in the morning.

Q. Six persons were brought down to you besides the prisoner. - A. Yes.

Mr. Vaillants. In the same dress. - A. Yes.

Q. Then in all there were seven persons brought to you. - A. Yes.

Q. Was the dress which they had on at that time a similar dress as the person had on who committed the robbery. - A. Yes, exactly, I picked the prisoner out; I knew him to be the man that robbed me.

Q. Now look at the prisoner at the bar, and consider he stands upon his life, again recollect, as well as upon the oath you have taken, whether you are convinced that he is the man that robbed you. - A. That is the man.

Q. Have you any doubt. - A. No doubt at all.

Q. Have you the least particle of doubt, if you have speak it. - A. I have not the least doubt; he is the man.

Court. Had you seen him between the time that you saw him in Hyde Park, and that morning you was sent to after you was robbed. - A. No, not till the morning I saw him at the barracks.

Mr. Vaillant. When you pointed him out as the man that robbed you, was any thing said to him. - A. No, there was nothing said to him.

Q. When you accused him of having robbed you did he say any thing. - A. He said he would make his defence when he came before a magistrate; he was taken to Bow-street.

Q. Have you ever since seen your bank notes. - A. No.

Q. Have you ever since seen any of those things that were taken from you. - A. No, I have not.

Q. Do you know the number of the note of which you was robbed. - A. No, I do not.

Q. Or the date. - A. I do not.

Prisoner. He does not say the truth.

WILLIAM GIBBONS sworn. Examined by Mr. Vaillant. Q. Are you a soldier in the same regiment as the prisoner is. - A. Yes.

Court. What regiment is that. - A. The first regiment of foot guards.

Q. In the same company. - A. Yes.

Mr. Vaillant. On Saturday the first of November where was you. - A. I was on barrack guard, Portman-square barracks.

Q. Do you mean that you was one of the centinels there. - A. I was engaged keeping guard over the barracks.

Q. Do you know whether the prisoner was in the barracks that evening. - A. I do not know, I was on centry from eight till ten.

Q. At what o'clock do you remember James coming to you at the barracks that night. - A. About five minutes after nine o'clock.

Q. Was the consequence of his coming there a report that there had been a robbery committed by somebody. - A. Yes, James told me himself that he had been robbed.

Q. How long was it after the time that James said that he had been robbed that you saw the prisoner. - A. I saw him before he came there, I saw Watkin Herbert in the barracks after the drum beat for roll call, I saw him run into the barracks.

Q. What time was it that the drum beat for roll call. - A. A quarter before nine o'clock.

Q. Then he had ran into the barracks before James came. - A. Yes.

Q. How many minutes before James came to you had the prisoner ran in. - A. About twenty minutes.

Q. Did you in consequence of what James stated at the barracks say any thing to the prisoner. - A. I went up to him the next morning, I awoke him between four and five clock in the morning, I said to him Herbert, you have been doing a fine job for yourself; why what is the matter, he said, I told him that there was a gentleman robbed in the Park, of two one pound notes and some silver, then he laughed at me, he looked under the pillow for his breeches or his waistcoat, I do not know which, and pulled out some paper; I looked at the papers by the light of the lamp, I saw there was some bill in it, which I did not know what it was.

Court. Can you read. - A. No.

Mr. Vaillants. By a bill what do you mean. - A. A piece of thin paper.

Q. A piece of thin paper; had it the appearance of a bank note, you know the resemblance of a bank note though you cannot read. - A. Yes, I immediately told him that there was some bill among them.

Q. By bill do you mean a bank note, or what do you mean. - A. A bank note; I gave it back into his hand, says he I will tell you what to do with it, put it into your big coat pocket, and roll the coat up, and if the gentleman comes here to day, and knows me, he cannot find any thing on me; I put it in my big coat pocket, and rolled my coat up. On Monday morning we were going on guard, it rained that morning, we put our big coats on; he went to the Queen's guard and I went to the King's guard, we went up for our messes for our dinners, he was there before me, he waited there till I came there, he said to me we will go and change it, he told me that he would go and have a pot of beer and change it.

Court. Change what. - A. The bank note.

Q. Did he say he would go and have a pot of beer and change the bank note. - A. He said we will go and have a pot of beer and change it.

Mr. Vaillants. Where did you go to. - A. We went to a public house and called for a pot of beer, I do not know the name of the house

Q. Do you know the name of the landlord. - A. No;

Q. Should you know the person if you were to see him. - A. No, we went there and called for a pot of beer and change, and I pulled the note out of my pocket, and gave it to the girl, the girl took it to the bar to her mistress, and brought it back again, and told me that she could not change it; we went out immediately and went to Mr. Shaw in the paved alley.

Court. She told you that she could not change it. A. Yes.

Q. After she told you that she could not change, what did she do with it. - A. She gave it into my hands.

Q. Did she say what sort of a note it was. - A. No; we went from there to Mr. Shaw's in the paved alley down by St. James's. When we went in there he called for a pot of beer and change for a pound note; we went into the tap-room and sat down, I pulled it out of my big coat pocket and put it into his hands; he looked at it.

Q. What, the prisoner. - A. Yes, he looked at it, he told me, and he said it is ten pounds; says I, if it is I will have nothing at all to do with it; you fool, says he, Shaw will not take any notice of it, because says he there is not much difference between calling for change of a one pound note and a ten pound; the landlord brought the pot of beer; he gave the note to me, says he give it to him.

Mr. Vaillants. Who said so, the prisoner. - A. Yes, I took it out of his hand, and gave it to the landlord.

Q. What was it that you took out of his hand and gave to the landlord. - A. The note; I gave it to the landlord, and the landlord took it into the bar; we stopped there and we drank three pots of beer, the landlord did not seem to bring the change. I went out about half past two o'clock and made water; when I came back I asked the landlord for the change, he told me it was ready there if I would come forward; he gave me the change of a one pound note on the table that he called for. He asked me if I knew what I had given him, I told him it was a ten pound note; he gave me in change a five pound note and four one pound notes. We went out from there.

Q. What, you and the prisoner. - A. Yes.

Q. What did you do with the change. - A. We went out from there, and I says, Robert says I, you shall have every farthing of it. I pulled it out of my pocket, and gave it him into his hand, he took the five pound note out of the rest, and a shilling dropped when I took it out of my pocket; he told me that he would not have any more, that he would give me the rest.

Q. Was Mr. Shaw, the keeper of this house present at the time that you divided the money. - A. No, he was not, we were out of the house at the bottom of the paved alley.

Q. Did you make any observations what was on the back of the note. - A. No, I know there was some writing on the back, but I cannot read.

Q. Are you sure that the note you received from the prisoner was the note that you gave to Mr. Shaw. - A. It was.

Q. Was it the note that you had wrapped up in your great coat. - A. It was.

Q. What became of that part of the money that he gave to you. - A. I spent some of it.

Q. What became of the rest. - A. I gave it to the sergeant.

Court. You spent some of the money. - A. Yes.

Q. How much. - A. I do not know, he took out half a guinea and a seven shilling piece out of my knapsack (i. e. the prisoner).

Q. That was part of the money. - A. Yes.

WILLIAM SHAW sworn. Examined by Mr. Vaillants. You keep a public house. - A. Yes, in King street, the corner of the paved alley.

Q. Do you remember the prisoner at the bar and the last witness coming to your house. - A. Yes.

Q. What day in November. - A. On the 3d of November the prisoner and the last witness came to my house between twelve and one o'clock, as near as I can recollect.

Q. What had they at your house. - A. They had three pots of porter.

Q. In what manner did they pay for the liquor. - A. They gave me a ten pound note.

Q. Whose hand did you receive it from. - A. I cannot tell, one of the men gave it me.

Q. Was it a bank note. - A. It was.

Q. Did you give change for it. - A. I did, I went to my neighbour and got change for it.

Q. Did you make any observation upon that note. A. I saw written upon the back of the note Mr. Warren, No. 25, Park Place. It appears there is no such a number of houses in Park Place.

Court. Never mind that.

Mr. Vaillants. Was there any other name upon it. A. There was the name of Fitzgeorge upon the note.

Q. Was the name Fitzgeorge alone upon it, or was it part of another name. - A. I only remember the name of Fitzgeorge.

Court. Should you know the note again. - A. I think I should; I went and got change of my neighbour, a five pound note and five one's. I know I went and got change of my neighbour. I do not recollect which neighbour it was.

Mr. Vaillants. Besides the name of Warren there was the name of Fitzgeorge, I wish you to recollect whether there was any other name besides Fitzgeorge. - A. I do not recollect any other.

Q. But it was a ten pound note. - A. It was.

Q. How long had you the note in your hand. - A. About twenty minutes, backwards and forwards.

Q. How long afterwards was it that there was enquiry made about this note to bring your attention back. - A. I cannot say as to point of time.

Q. Do you mean to be certain that the name of Fitzgeorge only was on the note besides Mr. Warren. - A. I do not recollect that there was any other.

Q. You do not mean to say that you are certain that there was not any other name. - A. By no means.

Q. How many days was it before there was any inquiry about it. - A. Several days.

Q. Do you recollect the two persons of the men. A. Yes, very well; I recollect the two men very well coming into the house.

Court. Look at the prisoner, are you quite certain that he is one of them. - A. He is certainly one of them.

Q. You are likewise certain that the person who was the last witness was the other. - A. Yes.

Q. Had you ever seen them before. - A. Not to my knowledge.

Q. Gibbons stand up. Now let James stand up.

Q. (to prosecutor) Look at the prisoner and the witness, and tell me whether upon looking at them both you are certain that the person that robbed you was the prisoner. - A. Yes, I am positive to the person of the prisoner.

One of the jury. I think that you said that the moon was not got up. - A. It was getting up.

Court. You are sure that it was the prisoner that robbed you. - A. Yes.

Q. And you say that you never saw the prisoner before nor afterwards till you went to him at the barracks. - A. No, not till I went to the barracks.

Q. And then you was sure it was the prisoner. - A. Yes.

One of the jury. How far could you observe the prisoner from you when he was running from you. A. It was very light.

Mr. Vaillants. Could you see the man at one or two or three yards distance. - A. Oh yes, I could have seen him at ten yards distance.

Prisoner's Defence. I was coming from Westminster on that Saturday night; near Hyde Park corner I met Mr. James, and as he was passing by me he looked me in the face very hard and turned back and followed me very near up to the bason. He asked me what o'clock it was, I told him that I thought it was between eight and nine o'clock; I was going to go on the right hand side of the bason, and he took to the left side of the bason; he asked me to come after him, as he said he would give me something to drink. He asked me where I had been, I told him that I had been in Westminster; he says, you get plenty of fun there with the girls, yes says I there is plenty of girls there; he says had you ever any connection with a man, no says I nor never will, I would not with such a thing as that, it is quite against human nature, says I. He says if you will go along with me I will give you this, and he pulled something out of his pocket, a piece of paper, I did not know what. I asked him if I should look at it, he gave it into my hands, I did not know what it was besides it was a bank note, I did not know what note it was, it was too dark to see; when I had the note in my hand I gave him a push while he was down, and I ran away to the barracks, The next morning Gibbons came up to my bedside and he awoke me, I cannot say what time in the morning it was, it was not day light; says he there has been some robbery committed in the Park last night, says I I cannot help that; says he I am told it was you, I never robbed any body says I, I am sure. Says he if you have robbed him and if you have got any notes about you, the best way is to give the notes to me to put in my great coat pocket for fear of a search, I gave him the note, I did not know what note it was, he put it in in his great coat pocket and rolled the great coat up. We went on guard on the Monday, we took our great coats, unrolled them, and put them on just at Constitution hill; he went on the King's guard and I on the Queen's guard; we met at the barracks at dinner time. After we had done dinner we went out together, I told him we had better change the note. We went to one public house, they would not change it; then we went to the paved alley to Mr. Shaw's and got change, we drank three pots of beer and went out to the bottom of the paved alley, I told him that we must part the money, I got a five guinea note, he had the rest. I was on the Queen's guard when I was took, I was brought up to the King's guard, they asked me several questions about this robbery, and I denied it. They marched me up prisoner to the barracks, they tried me by the company and punished me that afternoon; I was put in the black hole all night, and I was taken to Bow street the next day.

Court. (to Gibbons) You have heard the story that the prisoner has been telling. - A. Yes.

Q. Did he tell you any thing of this story about James. - A. No, he did not tell me nothing.

Q. He did not tell you how he came by the bank note. - A. No, he did not.

The prisoner called one witness, who gave him the character of a good soldier.

GUILTY - DEATH , aged 25.

First Middlesex jury, before Mr. Justice Grose.

3. WILLIAM HART was indicted for feloniously making an assault upon David Roberts on the 13th of November on the King's highway, putting him in fear, and taking from his person and against his will, four yards and three quarters of Bath coating, value 38 s. 4 d. five-eighths of a yard of velvet, value 4 s. 8 d. a yard and an eighth of shalloon, value 2 s. 4 d. and one skain of silk and twist, value 11 d. the property of David Roberts .

DAVID ROBERTS sworn. I am a tailor , I live in Wilmot street, Pimlico. On the 13th of November, a little after twelve at night, I was going along Parliament street, I had got two bundles and a parcel along with me, they were my own. The parcel that was taken from me had two pieces of Bath coating, some velvet, trimmings, and shalloon. Just as I got to the corner of Downing street that leads into Parliament street , a man came running out of Downing street upon me, he took hold of my large parcel, and with great force he drew me from the pavement three or four yards into the road with pulling and hauling to get the parcel from me. In the struggle I fell upon my knees, and the other parcel fell on the ground; he ran away with the largest parcel, I took up the other things and alarmed the watchman as much as I could. I ran away without my hat, which I left in the road.

Q. Was your hat knocked off. - A. It fell off, striving to protect my property. I saw the watchman coming down Charles street, he sprang the rattle, but we could see nothing of the person; after that a gentleman came and said that he saw a man running towards the river, Palace yard way.

Q. Did you see the face of the person that run against you in Downing street. - A. No, I could not, he drawed me down momentarily.

Q. You do not know it was the prisoner. - A. No, his face I could not see, it was such a sized person as the prisoner.

Q. Did you find your bundle afterwards. - A. Yes, in about three quarters of an hour after he was apprehended by the gentleman; he was taken into the toll house by the Marsh gate.

Q. Did the person that took the parcel from you strike you. - A. He pulled me with all his force, I resisted all that I could, he took it at once from under my arm.

Q. Then according to your account of it, he snatched it from you and ran away. - A. Yes.

Q. He did not stay any time talking with you. - A. Yes, he did, a few minutes, he wanted to get more if he could.

Cross-examined by Mr. Gleed.

Q. The bundle was immediately snatched from you by the person, whoever he was, it was a sudden jar. - A. Yes, he pulled and hauled me into the middle of the road, he was trying to get all he could.

Q. You had but two bundles, and one fell, he could not get more than you had. - A. I had two parcels and a bundle.

Q. Do you not know that there is a reward for a highway robbery. - A. I know nothing about it.

Q. Did you never hear it. - A. I have heard of such a thing; the magistrates at Union Hall told me that I must prosecute.

Q. Did not ever any body tell you that there is a reward for convicting of a man for a highway robbery. - A. Yes, I have heard so years ago.

Q. Have not you heard so since this man has been in custody. - A. I have heard so years ago.

Court. Do you know what the reward is. - A. I have heard, forty pounds.

Mr. Gleed. Have you heard so since this man has been in custody, has not the officer told you so. - A. I have heard them talk at the sessions house about it; I cannot say, upon my oath, any person has told me so.

- COUGHLAND sworn. On the 13th of November, about a quarter past twelve, I was going up Parliament-street, I heard the cry of Stop thief, on coming up I saw the prosecutor without his hat, and in great confusion, he said he had been knocked down and robbed of a large brown paper parcel, containing cloth and velvet, I told him I saw a man run towards the old houses that are pulling down in Palace yard; I was afraid of following him among the old houses for fear of hurting myself; I was going to sleep at Walworth that night; as I was passing the Marsh gate turnpike, the prisoner at the bar past me about a quarter of an hour after this happened; he had a large bundle under his arm, answering the description of that which the tailor had been robbed of; the idea suggested to me was that it was the prisoner who had robbed the tailor, I communicated my suspicion to the watchman, and requested him to assist me; coming up to the prisoner I asked him who he was, and where he had got that parcel, he told me that he was a master tailor, he told me that he had got some cloth in the bundle, at first he said he could not tell, I said to him he must come along with me and the watchman; we brought him into the toll house, upon which I sent a young man that was with me to see if the prosecutor was still on the bridge, he returned with the prosecutor, who identified every thing that was in the bundle.

- sworn. I am a watchman. About one o'clock this gentleman came up to me, and said there was a man passed that had knocked a man down, he asked me if I would go with him and stop him, I did; when I got up to the prisoner I asked him what he had got there, he told me cloth, the gentleman was close to me, he says that is the man; I asked him what he was myself, he said he was a master tailor, I told him he must go with me to the turnpike where there was a light, that I might see what he had got; when we came to the light I saw he had a blue apron tied round him. I asked him how long master tailors had wore blue aprons, he said that was nothing to me, I asked him where he lived, he said at home; that is all we could get from him. The prosecutor then came back from the bridge, we asked him what he had got in the bundle, he told us all that was in it before we opened it; I told the prisoner he must go with me to the watchhouse, he said he would be d - d if one or two should take him, we took him to the watchhouse, and going along he was very rough indeed.

(The property produced and identified.)

Prisoner's Defence. I had been drinking at a public house, and coming along I picked it up.

GUILTY, aged 20.

Of stealing only .

Transported for Seven Years .

First Middlesex jury, before Mr. Justice Grose.

4. MARY MACDONALD was indicted for burglariously breaking and entering the dwelling house of James Sayner , about the hour of ten at night, on the 11th of November , and burglariously stealing therein, a coat, value 7 s. a waistcoat, value 9 s, a pair of breeches, value 15 s. a pair of spectacles and case, value 6 s. a knive, value 1 s. a razor, value 2 s. a razor strop and case, value 2 s. a pocket book, value 2 s. two duplicates, value 1 d. and a bank note, value 1 l. the property of James Sayner .

JAMES SAYNER sworn. I live at No. 27, Hart-street, Covent Garden , the whole house is let out in tenements, I have the lower room. On the 11th of November I went in my room at nine o'clock, I fastened the door with a wedge of wood, which I put between the door and the door post.

Q. Was that the only fastening that the door had. - A. Yes, before I got in bed, my coat and waistcoat I hung up on a nail at the bed's foot, my neckcloth I put on my hat, and my smallclothes.

Q. What had you in your breeches pocket. - A. Some papers and a key of a desk belonging to my master, and a pen knife of my own in my coat pocket, and a pocket book, and within the pocket book there were two duplicates, one for a pair of small clothes, pledged for seven shillings, and the other for two books, and a one pound note, with sundry papers, the property of a banker, which had been given to me to collect the debts; there were other articles in my coat pocket, what is mentioned in the indictment; I went to bed about a quarter after nine o'clock, I fell asleep immediately, being fatigued with work; about eleven o'clock my wife came home, she asked me what the door was open for, I said I did not know; I told her I had fastened the door, I looked up and I asked her where my clothes was, she said she did not know, I said then they are stolen. I found every thing was gone; I was obliged to lay in bed till six o'clock, and then my wife went and borrowed some clothes of my landlord, who lived opposite; I went to the pawnbroker's in Long Acre, and informed them what I had lost, and of the two tickets that were in my pocket book, one for the breeches, which I had pawned at Mr. Murray's.

Q. When did you first hear of your things. - A. On Friday the 14th.

- SAYNER sworn. Q. You are the wife of the last witness. - A. I am.

Q. What time did you come home on the 11th of November last. - A. At eleven o'clock, I found the door only put to, it was not fastened with the bit of wood as usual.

Q. Your husband missed his things. - A. Yes, he could not get up till six o'clock in the morning, I was obliged to go to my landlord to borrow some clothes.

Q. When did you first see your husband's things again. - A. In three or four days afterwards, I saw them at Bow-street.

Q. Do you know any thing of the prisoner at the bar. - A. No.

RICHARD ASHBY sworn. I am a tailor and salesman in Blue Cross-street, Leicester-square. On Friday the 14th of November, the prisoner at the bar came to my shop, she offered to sell these four tickets, she said they were her own, I told her I would go and look at the articles in the afternoon; one of the duplicates was for a pair of breeches, at Mr. Murray's, I went to Mr. Murray, he stopped the ticket, and sent for Mr. Sayner.

Q. Did you agree with the prisoner what you were to give her for them. - A. No, I told her to call in the afternoon, she begged very hard for a shilling, and I gave it her, she did not come again till next morning, and then I detained her.

(The property produced and identified.)

Prisoner's Defence. Since I have been reduced in the world, I have been in the habit of selling caps, threads, and tapes, I used to sit in Leicester Fields for some time, and when the election came on at Covent Garden I went and sat at the Piazza's, because there were more people there; going there on Thursday morning they said Sir Samuel Hood for ever, I said God bless him, my husband has taken pounds by being in the service with him; a woman turned round to me, she had a straw bonnet, a great coat, and a blue apron on, and she had a pair of breeches on her arm, she said, come good woman, and have a drop of gin. I said I get old now, I must not drink any gin, she then said come along with me and have a little brandy, she gave seven pence for a quartern of brandy; she then said will you take this into the pawnbroker's, my sister sits over the way, I would not wish her to see me; I went without a thought, she told me to ask seven shillings for them; the young man in the shop would not lend any more than six shillings on them; she then said come with me to Mrs. Butler's, I will make you amends to-morrow; on the next day I went to Mrs. Butler's, she was there, she gave me these tickets, she said you may as well sell them, I went directly down to this man at Leicester-square, I told him that I had some tickets that I had of a woman, and he might as well have them as any body, she bid me ask four shillings, I said I do not think they are worth it; if you will give me three I think she may be satisfied; the man says I will give you a shilling, now, after dinner I will go and look at them, and you call in the afternoon, I did not know they were clandestinely got; I took the shilling and went back to this woman; I went to the man again the next morning, and he said they were stolen, I never was down in the street where the man lost his things above twice in my life.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Graham.

5. ANN PINK was indicted for feloniously breaking and entering the dwelling house of Samuel Spencer , no person being therein, about the hour of one in the afternoon on the 21st of November , and stealing therein four gowns, value 3 l. a cloak, value 18 s. a shawl, value 3 s, two shifts, value 3 s. two silk cloaks, value 2 l. three petticoats, value 20 s. one handkerchief, value 2 s. 6 d. five half handkerchiefs, value 2 s. 6 d. a cap, value 6 d. two frills, value 6 d. and a shawl, value 4 s. the property of Samuel Spencer .

SAMUEL SPENCER sworn. I live at No. 18, St. John-street , Whitechapel, I am a weekly lodger to Pink, he rents the house.

MRS. SPENCER sworn. Q. You are the wife of Mr. Spencer. - A. Yes. On Friday the 21st of November I went out about ten o'clock in the morning, I locked the door and left no one in the room.

Q. Whereabouts in the house is your room. - A. The lower room; I returned about seven in the evening; when I opened the door the bottom sash was flying out of the frame, I found my box open, and all my things was gone.

Q. Could you discern how the lodgings were broken open. - A. It appeared as though it was done on the inside by something opening the lock by a false key.

EDWARD SMITH sworn. You are a constable. - A. I am; in consequence of information I received on Sunday the 23d of November, I went to Mr. Spencer's lodgings, and up one pair of stairs I found the prisoner sitting in a chair, her husband was in bed, and these things were laying upon the table, which the prosecutor said, in the presence of the prisoner, he had taken out of a bed belonging to the prisoner, up one pair of stairs higher; understanding there were more lost, I asked her what she had done with the other property, she said there was a bundle throwed over the yard facing the door, which are these things, that not being all the property, I asked her where the remainder of the stolen property was, she said the remainder was in a yard next to her house, I got over the yard and found this property; I searched her, and took a variety of duplicates from her, she told me that the remainder of the property that I had not found was among the duplicates pledged at Mr. Dexter's; I asked her how she came to commit such a robbery upon her husband's fellow servant.

Q. You used no threats nor any thing to intice her to tell you. - A. No, they were both fellow servants to Mr. Liptrap, she said that it was nothing but extreme distress that drove her to it; she said she got in with a key that she found, and that she had given the key to the prosecutrix; and that she broke the window to make people believe that the thieves had come in at that window; she told me that she did it at one o'clock when she came home at dinner time; I pressed her very hard, to know if her husband was any ways concerned, or knew any thing at all about it; she told me no, that he was at work with the other woman's husband at the time.

(The property produced and identified.)

Prisoner's Defence. I did not take the things; as the woman came to my house, and told me that she had got a key that would open the door; I said, I would not try it, she took the key from me, and said I was foolish, she would do it, I went up stairs, I had nothing to do with it, nor did I know what the woman did with the things.

GUILTY, aged 27.

Of stealing only .

Confined One Year in the House of Correction , and fined One Shilling .

First Middlesex jury, before Mr. Justice Grose.

6. ANN RAYMOND was indicted for feloniously stealing on the 10th of November , sixteen yards of printed cotton, value 20 s. the property of John Gardener , privately in his shop .

JOHN GARDENER sworn. I live in Aldgate High-street , I am a linen draper .

- sworn. I am shopman to Mr. Gardener. On the 10th of November, between three and four in the afternoon I was called to the door by a neighbour in consequence of his information; I followed the prisoner at the bar; she was in the street; I saw the print hanging down under her coat; I took her by the arm and told her she must come back with me; I brought her back, and took the property from her.

Cross examined by Mr. Knapp.

Q. Was it outside of the shop. - A. It was not, it was upon the counter, it is my master's property. I produce it.

Q. Do you mean that you are sure that it is your master's mark upon it. - A. Yes, we had two pieces of the same pattern before, and when we found we had lost this we had but one pattern of it.

Q. Do you always take your shop marks off. - A. No.

Q. Therefore that which you sold, and which you did not, you are not able to say. - A. No I am not.

GUILTY, aged 25.

Of stealing only .

Confined One Month in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

7. GEORGE WRIGHT was indicted for feloniously stealing on the 18th of November , a piece of handkerchiefs, value 28 s. the property of William Gillman , privately in his shop .

WILLIAM CHUBB . I am a harness maker, and soldier in the West London militia; about eight o'clock in the evening, on the 18th of November, I saw the prisoner at the bar in Mr. Gillman's shop Barbican; he had a bag in his hand, he put the bag down on the counter, on some things that were on the counter; I did not know what he put it on, and he had a slate in his hand at the same time; I saw him look round several times, then he pretended to come towards the door, he went and took up this bag; I saw him shuffle something in the bag, and when he came to the door I stopped him; I said to the gentleman in the shop, I believe this man has got something of your property; he took him in the shop, and examined him, and found twelve handkerchiefs upon him.

EDWARD TOMKINS . I am servant to Mr. Gillman, linen draper , No. 23, Barbican ; the property was laying on the counter when the prisoner took them. I was present at the time.

(The property produced and identified.)

Prisoner's Defence. At the Mansion house they gave me an order for my parish to cloath me, instead of that, they gave me one pair of shoes and one pair of stockings. I went into this shop to ask the price of these stockings; and taking up my bag, I took up these handkerchiefs; a little man a soldier, came in, and said, I saw him take them; I was not out of the shop with it.

GUILTY, aged 80.

Of stealing only .

Confined One Year in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

8. JOHN DAVIDSON was indicted for feloniously stealing on the 24th of November , a cheese, value 2 l. 7 s. the property of Richard Bailey .

THOMAS STEVENSON . I am a constable; on the 24th of November, about four o'clock in the afternoon, as I was passing down Newgate-street, I saw the prisoner standing in the street; I saw two waggons, one unloading, and the other waiting to be unloaded; I walked on with my parcel to the Saracen's head, Snow Hill; I delivered my parcel and returned up Newgate-street , and there I saw the prisoner pass the waggon two or three times; upon seeing that, I went to the corner of Warwick-lane, and stood there some minutes; the prisoner came down Warwick lane, he unfolded his apron and let it fall before him; he put this stick I have in my hand under his coat, buttoned his coat, and went down to the waggon; he got into the waggon, turned the wrapper of one side, and got out again; he crossed over the way, he then returned to the tail of the waggon, and took a cheese out of the waggon; when he had got about six yards from the waggon, I stopped him with the cheese in his arms, I sent a lad to the car-man, he took the cheese, I marked the cheese in the presence of the carman, and two other witnesses.

JOHN - . Q. You are the waggoner. - A. Yes, I was feeding the horses all the time, I saw the prisoner go round the waggon several times, I had no suspicion of him taking any thing.

Q. Did you see the cheese again. - A. Yes, a young lad came and informed me of it.

- . On the 24th of November, about four o'clock in the afternoon, I saw the first witness stop the prisoner, with something that he was carrying in his arm. I went over the way to them, and saw it was a cheese; the prisoner was taken to Mr. Clarke's shop, and there the cheese was marked.

The property produced and identified.

The prisoner said nothing in his defence, nor called any witnesses to character.

GUILTY , aged 22.

Transported for Seven Years .

London jury, before Mr. Recorder.

9. JANE JONES was indicted for feloniously stealing on the 15th of November , a hat, value 5 s. a silk handkerchief, value 2 s. a dressing case, value 5 s. a pocket book, value 1 s. a pair of gloves, value 3 d. and nine halfpence , the property of Richard Cole .

RICHARD COLE . I am in the house of Thomas Cole and son, they are sugar broker s; I only swear to the property.

SARAH PULLEN . I am a servant to Mr. Smith. I saw the prisoner Jane Jones , go into Mr. Cole's house, No. 9. Scotch-yard, Bush-street, Thames-street , on Saturday the 15th of November, about four o'clock in the afternoon; she returned in a few minutes with something under her coat; I called Mr. Cole's servant to go after her, as I supposed she had stole something. I see her take the property from her.

ANN LARNER . I am a servant to Mr. Cole; I took the property from the prisoner, and the porter brought her back; she took them from a small parlour up stairs.

(The property produced and identified.)

Prisoner's Defence. I was in the passage down stairs, thinking I should see one of the gentlemen to sign a petition, a man came down stairs, he looked like a baker, he says, here old woman, take this, and I will soon follow you; I saw him run when the gentlewoman laid hold of me I said to her that is the man that gave them me, she did not hear me, I believe.

GUILTY , aged 60.

Confined Six Month in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

10. EDWARD GREENWOOD was indicted for feloniously stealing on the 11th of November , two hundred and forty gallons of vinegar, value 22 l. six casks, called half hogsheads, and one cask, called a hogshead, value 4 l. the property of Elizabeth White , widow , upon a certain wharf belonging to her, adjoining the navigable river Thames .

Second count for like offence, the property of William Newberry , John Wells , and Thomas Stirling .

CHRISTOPHER NELSON . I am clerk at Kennett's wharf, Upper Thames-street, near Queen Hithe . On the 11th of November a person came down the wharf, saying that he came from Maynard and Co. St. John-street, for seven casks, six half hogsheads, and one hogshead.

Q. Who was the man. - A. I have every reason to believe it was the prisoner at the bar, I cannot swear to it, he paid for the wharfage, two shillings and eightpence.

Q. Then all you know is that some man came to the wharf, and had six half hogsheads and a hogshead that were delivered to him, and he paid two shillings and eightpence wharfage. - A. Yes.

Q. Did you deliver it without any order. - A. I did deliver it without any written order.

JOHN KNIGHT . I am clerk to Newberry, Wells, and Co. they are vinegar merchant s, St. John-street, Clerkenwell. On the 5th of July last we sent six half hogsheads of vinegar, and one hogshead, to Kennet's wharf, for William Champion , Reading; from some dispute this vinegar was returned to our house, directed to Maynard and Co. which was the old firm; about three weeks since a custom house officer came one morning to our house to inform us the preceeding night he saw a cart strike six half and a hogshead from a cart into an empty house, Bethnal Green; I can identify the casks and the sending them, and Lee, the carman, can prove that the prisoner is the man who had them in his custody.

WILLIAM BULLOCK . I am a publican, I keep the Coachmaker's Arms, Camomile-street. About the 11th of November the prisoner came to my house with a loaded cart, the exact time I cannot say, the carman and he had a pot or two of beer at the door, the prisoner came in my house, and said that he had some vinegar, he was solicitous for me to purchase it, he said he was distressed for money to pay his men.

Q. You purchased some of him. - A. Yes, I purchased a small cask, I think I gave him a one pound note for it; Mason the officer took it away.

MARY BULLOCK . Q. You are the wife of the last witness. - A. I am.

Q. Do you remember the prisoner coming into your house. - A. Yes, on the 11th of November.

Q. What time of the day. - A. It was in the evening, he had a cart at our door loaded with casks.

Q. Did you purchase one of them. - A. We did.

Q. What did it contain. - A. Vinegar. I know no more than it was the prisoner at the bar that sold it to me, and I paid him a one pound note for it.

PETER MASON . Q. You are an officer. - A. Yes. On the 12th of last month I went up to Bethnal Green, I fetched five half hogsheads and a whole hogshead of vinegar; it had been stopped by a custom-house officer; the clerk of Kennet's wharf went up with me to prove that it came from Kennet's wharf; I apprehended the carman who carried it to Mr. Bullock's house, and the remainder of it to Bethnal Green; I fetched the cask from Mr. Bullock's, it is now over at the New Inn. On Sunday morning we apprehended the prisoner, he at first denied having any knowledge of it, I told him that we had got the carman that drove the vinegar to the public house that he had sold a cask of vinegar to, he said, well, he was not the only one who was concerned in it.

JOHN RAY . On Sunday morning last I went with Mason to apprehend the prisoner, I knocked at the door between five and six o'clock, I was answered by a woman's voice that he was gone to Gravesend for a fortnight; we broke the door open, and we found the prisoner in bed, his wife was in a pregnant state, we would not alarm her; when we got him to a public house we told him what we apprehended him for, he acknowledged it.

RICHARD LEE . You are the carman. - A. Yes, I drive for Ann Stevens , Labour in Vain Hill, our stand is in Thames-street; the prisoner came to me and said I want your cart to go to Kennett's wharf, he said he had got five or six casks of vinegar, accordingly I went with him, I staid in the cart and helped load them; I understood when he got me up on the wharf, that I was to go to Shoreditch, and he would follow me.

Q. Where in fact did you go. - A. I went as far as Shoreditch bar, I waited there full three quarters of an hour, I turned my cart about to come to the wharf again; coming back I met him, he said he told me to go to Hounsditch; he told me to turn about, I went up Camomile street, that is the lady I saw there, (Mrs. Bullock) I delivered one cask there, I did not go inside of the house; then he ordered me to drive up Hounsditch into Whitechapel, accordingly I did, I stopped at the Seven Stars, as he told me, he said stop here, I shall be back in twelve minutes; presently he came back, and said I shall go no further with them, we struck them at the Seven Stars on the pavement, he went and got change of a pound note, he asked me what the money was, I told him seven shillings; as I was going home, there were one or two men there, they said will you take them up again, I said where are you going to, he said to Mile End turnpike; I took them up again, I was to have four shillings, and they were to pay the toll, I took them through Mile End turnpike, and struck them on the ground, as they ordered me; they gave me four shillings, and I saw no more of them.

Prisoner's Defence. May it please your lordship, at this time I was out of employ, I called at the Seven Stars, some gentlemen there employed me to go to Kennett's wharf, to enquire if these casks were there, I went down to the wharf, the gentleman delivered them, they were put in the cart, we went on to Hounsditch, there I met with one of the gentlemen that employed me, he told me to go to the Coachmaker's Arms, and to treat the carman, and to ask the landlord to buy a cask for one pound, which was a great deal less than it cost.

Q. (to Nelson) Does your wharf adjoin the river. - A. Yes, we land goods from the craft as they lay along side upon our wharf, from the river Thames.

GUILTY, aged 28.

Of stealing to the value of thirty-nine shillings .

Transported for Seven Years .

London jury, before Mr. Recorder.

11. DANIEL HARCOURT was indicted for feloniously stealing on the the 22d of October , thirty-six hare skin borders, value 12 l. twenty-two swan skins, value 8 l. seventeen bear skins, value 29 l. twenty-eight pieces of hare skins, value 17 s. one muff, value 1 l. one canvass bag, value 3 d. and a linen bag, value 3 d. the property of Joseph Mayor and John Pook .

JOSEPH MAYOR . Q. You are a furrier in Fetter-lane . - A. Yes, my partner's name is John Pook . On the 21st of October I was obliged to go down to Portsmouth; before five o'clock on that day I had seen all the goods safe in the warehouse; I knew nothing of the robbery till I came home.

CORNELIUS LINNOHAM . I am porter to Messrs. Mayor and Pook. On Tuesday I worked in the warehouse by myself, I went home at five o'clock, I counted the skins, there were forty bear skins there, two muffs, some white head borders, and some swan skins.

Q. All these things you left there. - A. Yes, they were there at the hour of five o'clock in the afternoon, there were two locks to the door, I locked them both, and delivered the keys in the warehouse as usual.

WILLIAM HUMPHREY . Q. You are a porter. - A. Yes, to Messrs. Mayor and Pook. I was not at this warehouse from the Tuesday to the Thursday, the 23d of October; on Thursday I went from the dwelling house up the court where this warehouse was, on finding the door open I went in, I called at the cellar stairs, who was there, and nobody answered, I went to the other warehouse and asked the warehouseman who had been down, he said nobody; I found the keys hang in the usual place, I asked the warehouseman to go with me, we there saw the bear skins laying about the floor, the lock had been pushed back and the door broken open; when the skins were counted that were laying about the floor, there was only seventeen left, there was forty on the Tuesday when I left the place.

Cross-examined by Mr. Alley.

Q. You are not acquainted with the prisoner, I apprehend. - A. No, I never saw him about the warehouse.

JOHN HAMLYN . I am a porter.

Q. Do you know the prisoner. - A. I know nothing about him, only that I was employed by the prisoner to carry them skins. On the 24th of October I was in Smithfield selling oysters, the prisoner came to me and told me to meet him at half past five in the afternoon, at the Jack of Newbury, Long lane.

Q. Did you meet him there. - A. Yes, I went with him into White Cross-street to a house.

Q. Whose house. - A. I do not know, I am sure, a poor man kept it; he packed the goods in a white basket, and I carried them.

Q. What goods were they. - A. Skins, he told me to go forward to Bishopsgate-street with them.

Q. To no house. - A. No, he was to meet me there.

Q. Did he follow you. - A. I do not know whether he followed me or no, I was stopped in Fore-street with them.

Q. Did not he tell you where you was to carry them, Bishopsgate-street is a long street, near a mile long. - A. I was to carry them to Bishopsgate church yard.

Q. He was to meet you there. - A. Yes, I am sure he is the man that gave them to me, some of the Worship-street officers stopped me first, and they stopped him afterwards.

Q. Then he was with you. - A. He was in the street with me.

Cross-examined by Mr. Alley.

Q. At first you said that you were to carry them generally into Bishopsgate-street, and now you mend it, and say that you were to carry them to the church yard, were you not to carry them to any given place. - A. No given place.

Q. There is a pitching block there, that was where you intended to carry them. - A. Yes, of course.

Q. Then it was not the man's direction, but you intended to pitch them there. My lord asked you whether you was sure that the prisoner at the bar was the man that gave them to you to carry. - A. He was.

Q. When you was stopped by Mason, and the prisoner was brought over to you in custody, did not he ask you whether the prisoner was the man that gave you the parcel to carry, did not you say that you had never seen him before. - A. No, indeed.

Q. Did not you tell Mason so. - A. I do not know, being frightened.

Q. If you were doing what was honest you had no occasion to be frightened. Did not you give that answer to Mason. - A. Well, I did give him that answer.

Q. You were taken in custody yourself, you was found with stolen property in your possession. - A. Yes, I have been in custody ever since.

Q. Have you ever been in prison before this time for any other offence. - A. Not before this time.

Q. Recollect yourself, take time; have you ever, and how often been in prison before. - A. If I ever had been in a prison, I should recollect it in a moment.

Q. Have you been in prison several times. - A. You want me to say so.

Court. If you have been in prison say so. - A. Yes, I have.

Mr. Alley. Did you ever stand at that bar. - A. Yes, I have once.

Q. Now, sir, did you not know that at the time these officers apprehended you that you yourself must have stood there at the bar if you had not charged some person with giving you the property to carry. - A. I had a right to put it on the person that employed me.

Q. Did you not further say that you did not take the things from the prisoner, but from some person at Fleet market. - A. I was not sworn then.

ELIZABETH CARPENTER . I live in Fox and Knot court, Cow lane, opposite Hamlyn. On Friday the 24th of October, between three and four in the afternoon, the prisoner at the bar came into the court and called Hamlyn, his wife told him that he was not at home, that she had left him about ten minutes before in Smithfield selling oysters, he told her that he was going that way, if he did not see him he was to meet him at the Jack of Newberry in Long lane. Hamlyn came home, said he had seen the man; he came and borrowed a basket of me, the basket is marked W. C. 43.

Cross-examined by Mr. Alley.

Q. You say the prisoner made use of the witnesses name. - A. Certainly he did.

Q. Did not you hear the witness say that he never knew the prisoner before, and you say he was in the court and cried out his name. - A. He did.

SARAH HAMLYN . Q. You are the wife of John Hamlyn . - A. Yes, I live in Fox and Knot court, opposite Mrs. Carpenter.

Q. Look upon the prisoner, do you know him. - A. Yes.

Q. When did he come to you in your court. - A. On Friday the 24th of October, between three and four o'clock, Mrs. Carpenter called to know if I was at home, she told me that a gentleman wanted my husband, I told him that I had just left him in Smithfield, at the Greyhound, with oysters; he told me if he did not see him I was to tell him to come to him at the Jack of Newberry, Long lane, at half after five; my husband came home, told me he had seen the man; he borrowed a basket of Mrs. Carpenter and went.

Q. Are you sure that the prisoner was the man. - A. Yes.

JOHN VICKERY . Q. You are an officer. - A. Yes. On Friday the 24th of October, about six o'clock in the evening, myself, in company with Armstrong, Bishop, Ray, and Mason, were going up Fore street, I saw Hamlyn the porter with a large load upon his head upon a knot in a basket, and another basket upon that; it was packed in such an awkward loose way it struck me that it was not all right, I mentioned it to Armstrong, pointing towards the porter on the same side with us. Harcourt came up; the porter was on the opposite side.

Q. Harcourt met you. - A. Yes, Harcourt was stopped by Armstrong and the other officers, and I went across to the porter; I asked the porter what he had got carrying, his answer was he did not know. I then saw a little hole in the basket, and something hanging out a little way, I found it was hare skins or fur; I said to him where have you brought it from, he said he brought it from Fleet market, and he was going to take it to Bishopsgate church yard. We then took him and Harcourt towards the office. On the second examination Mrs. Carpenter came and claimed the basket.

Cross-examined by Mr. Alley.

Q. Did not she come with Hamlyn's wife. - A. There is no doubt of it, I saw them together.

PETER MASON . I am an officer. I was close to Armstrong when he laid hold of the prisoner, I went over the way to the porter with the basket, I asked him what he had got, he said he did not know, he was going to Bishopsgate street, he said he had it from a man in Fleet market. Directly Mr. Armstrong brought Harcourt over, I said, is this the man; no, says he, this is not the man.

JOHN ARMSTRONG . Q. You stopped Harcourt. A. Yes, I and Vickery together. I said Dan I cannot let you go any further. I believe he said he was going to the Commercial road.

Prisoner's Defence. I was stopped in Fore street by these officers. I was going to the Commercial road to pay a friend of mine some money.

(The property produced and identified.)

NOT GUILTY .

London jury, before Mr. Recorder.

12. JOHN BLANE was indicted for feloniously stealing on the 19th of November , twelve pound weight of salt, value 2 s. 9 d. the property of James Clark and John Gyles .

Second count for like offence, the property of Andrew Taylor .

The case was stated by Mr. Gleed.

JOHN GYLES ; examined by Mr. Gleed. My partner's name is James Clark , I live at No. 222, Shoreditch, we are oil and salt merchant s, the prisoner at the bar was our carman . On the 19th of November last I gave him orders to go to Billingsgate , to load three tons of salt in the waggon.

Q. How was the salt, loose or how. - A. The salt was loose on board the ship; he took sacks with him, and there were ten sacks that he had from Mr. Taylor; the salt was taken to Mr. Taylor in his sacks, and they were considerably larger than the other sacks.

Cross-examined by Mr. Gurney.

Q. Have you any other partner, public or private. - A. No.

JOHN GRIMES ; examined by Mr. Gleed. I am a sworn salt meter for the city of London. On the 19th of November I delivered three ton of salt to the prisoner at the bar to be put into Mr. Clark's waggon.

Q. What manner did you deliver the salt. - A. We weigh the salt on board a ship at a hundred a-time; the fellowship porters carry it away; we put in each sack two hundred pound weight. When I had done my work I went to the waggoner, I said you have had good luck to get your waggon loaded, as it is late in the evening; the excise officers have been kind to let you have it; he said I have got my load, the whole of the three ton.

Cross-examined by Mr. Gurney.

Q. Whether the fellowship porters delivered the whole that you do not know. - A. No.

JOSEPH BRYAN . Examined by Mr. Gleed. I am an apprentice to Mr. Taylor.

Q. What did the prisoner come to your house for. - A. To bring ten sacks of salt; I saw some empty sacks in the waggon, they appeared to be raised up, I looked under them, I found it was salt; as soon as he had delivered the sacks, I told my master of it; my master asked him if he had delivered all the salt, he said he had; I was ordered to go in the waggon and look, he then said there was some, but he did not know that it belonged to us; I took the salt out of the waggon, it weighed fifteen pound, we weighed the sacks, one sack was deficient twelve pound.

ANDREW TAYLOR . Examined by Mr. Gleed. I am a baker , I live at Hoxton Town.

Q. You were to receive a ton of salt on this day. - A. Yes; from in formation from the last witness, I asked the carman if he had delivered all the salt, he said he had; I asked my apprentice to go up and search the waggon, the prisoner then informed me that there was some salt in the waggon, but he had been to different places with salt, he did not know that it belonged to me; the salt was taken out of the waggon, it was in one lump bigger than my hat; it weighed fifteen pound, I saw the salt weighed; one sack was deficient twelve pound.

The prisoner left his defence to his counsel, called two witnesses, who gave him a good character.

GUILTY, aged 25.

[ The prisoner was recommended to mercy by the prosecutor ].

Confined One Week in Newgate , and fined One Shilling .

Second Middlesex jury, before Mr. Recorder.

13. ALEXANDER M'LAREN was indicted for feloniously stealing on the 3d of November , a pair of pantaloons, value 5 s. one cocoa shell, value 1 d. and one piece of mahogany, value 1 d. the property of Joseph Brown .

JOSEPH BROWN . I live in Paul-street, in the parish of St. Leonard, Shoreditch .

Q. There was a fire on your premises, when was it. - A. On the 3d of November. I only know that I lost a variety of things, and a pair of pantaloons.

Q. What else that relates to this indictment. - A. I do not know of any thing else; I do not know that the mahogany belonged to me.

Cross-examined by Mr. Gleed.

Q. Did you see the pantaloons before the fire. - A. Yes, I had them in my hands, six or seven days before.

Q. You had not seen them for six or seven days, you had many persons about your premises, and on this night every thing was in confusion. - A. Yes.

WILLIAM MITCHELL . Q. Were you at this fire. - A. Yes, I was; I am a volunteer in the second regiment of Royal London volunteers. I was on duty at the fire, about half past nine o'clock on the evening of the 3d of November, we had formed a line across the street to prevent passengers from coming up and down; I observed the prisoner at the bar as he passed having something under his coat, exactly at the hollow of his back; I tapped him on his shoulder, I says, my friend, what have you got; his answer was that it was his apron.

Q. How far might this be from Mr. Brown's premises. - A. About the next door, he certainly must have come from the fire, in the direction he was going; the fire was in the timber yard, the door of the house was open, and the windows were broke, all the furniture had been taken out; there was a number of people going in, and coming out of the house. I saw something in the front of the prisoner's coat; I asked him what that was, he said it was a box. I insisted upon seeing it, he unbuttoned his coat and took it out; it was this piece of mahogany; I was pushed by the croud, and an engine coming, and some other person searched him concerning the things that were behind his back.

Cross-examined by Mr. Gleed.

Q. In point of fact the prisoner was not upon Mr. Brown's premises. - A. No, he was not.

Q. At that time a great quantity of Mr. Brown's things were removed into the street. - A. Yes, the prisoner was going from where the things were piled up.

THOMAS ROBINSON . I am a volunteer in the sixth regiment. I was at this fire about half past nine; I formed part of the line, when Mr. Mitchell was pushed away by the crowd; I had hold of the prisoner, he unbuttoned his coat and the pantaloons fell out; I caught them, I held the prisoner till the officer came.

The property produced and identified.

The prisoner left his defence to his counsel, called three witnesses, who gave him a good character.

NOT GUILTY .

Second Middlesex jury, before Mr. Baron Graham.

14. GEORGE SHEALS was indicted for feloniously stealing on the 20th of November , two silver candlesticks, value 5 l. the property of George Soley Foyle , in his dwelling house .

ELIZABETH HANCOCK . Q. Who do you live servant with. - A. I live at Mr. Foyle's, No. 3, Brunswick-square .

Q. Do you remember on the 20th of November last, having the care of a pair of silver candlesticks. - A. Yes, I brought them down from the upper room, and set them in the pantry.

Q. From the upper room, facing the street, which looks into the area. - A. Yes.

Q. About what time in the morning was it you brought them down. - A. Between ten and eleven, I left them there upon the dresser, in the pantry.

Q. I suppose they could be seen from the street, could not they. - A. I am not quite certain.

ANN FOYLE . Q. You are wife to George Soley Foyle , are you. - A. Yes.

Q. You live in Brunswick-square. - A. Yes.

Q. Do you remember seeing these silver candlesticks on the 20th of November last. - A. Not till I saw them in the man's hand; I had been down in the kitchen, when I saw them in the man's hand.

Q. About what time in the morning. - A. About half past eleven, I was leaving the kitchen, going up the inside stairs, I saw a man in the passage leading to the area, in the same passage that I was in myself, with the candlestick in his hand.

Q. You mean the passage below stairs. - A. Yes.

Q. What did you see this man do. - A. He was going towards the door with the candlestick in his hand; that is all that I saw.

Q. I understand you, ma'am, to say only one candlestick. - A. I saw only one.

Q. A silver candlestick was it. - A. A silver candlestick.

Q. Did you see him go up stairs yourself. - A. No; as he turned into the area I lost sight of him. I immediately acquainted my servant with it, Elizabeth Hancock ; she with myself immediately ran to the area, and on the area steps I saw one of the sockets which he had dropped; the servant with myself went to the top of the area steps in the street, and I saw the same man about five doors off; he was going towards the Colonade. He turned into Grenville street.

Q. Did you see any thing in his hand then. - A. No, I did not. I told my servant Elizabeth Hancock to follow him, she followed him and cried out Stop thief.

Q. She ran after him. - A. She ran after him, I heard her cry Stop thief, and he was secured and brought back by the constable. I saw no more of him after the servant left me and cried Stop thief.

Q. You did not see which way he ran. - A. No, I did not.

Q. You cannot say, whoever this man was, whether it is the prisoner at the bar. - A. No, I did not see his face.

Q. (to Elizabeth Hancock ) By your mistresses directions you ran after this man did you. - A. Yes.

Q. Which way did he take. - A. Towards the Colonade.

Q. Then you cried stop thief did you. - A. Yes. I lost sight of him before I got to the corner of the square; he turned round the corner towards the Colonade.

Q. Could you see what he had in his hand. - A. No, he was stopped before I got up.

SAMUEL ENGLAND . I live at No. 10, Colonade.

Q. Do you remember on the 20th of November last hearing the cry of stop thief. - A. Yes; I saw the prisoner at the bar before I heard the cry of stop thief.

Q. Was he running. - A. He was running, he was coming from the Mews up the Colonade steps.

Q. Had he any thing in his hand. - A. Yes, two silver candlesticks.

Q. Was one in each hand. - A. I believe he had got them both in one hand; I said to him you seem in a hurry, he made me no answer, I took particular notice of him and watched him, I suspected that he had stole them; he ran along the Colonade, and when he was about fifteen yards past me I heard the cry of stop thief; I ran after him and put my hand on his shoulder and stopped him. Mr. Randell came out of his shop and took the candlesticks out of his hand; then the prisoner was secured.

Q. Do you know the prisoner at all. - A. I never saw the man before to my knowledge.

JOHN RANDELL . I live at No. 14, Colonade. I am a baker.

Q. Do you remember the hue and cry of stop thief on the 20th of November last. - A. No. I had just come out of the bakehouse with a tin of biscuits. I saw the prisoner at the bar run by the window; him and Mr. England seemed to be in a tussle with each other, he had an apron on, I observed the candlesticks under his apron. Judging what might be the case I ran out to Mr. England's assistance, I collared him at the next door and took the candlesticks out of his hand; he made no resistance, I took him by the collar and delivered both him and the candlesticks to Mr. Robey.

- ROBEY. You are a constable, I believe, at the Colonade. - A. Yes, I heard some people running by, halloaing out stop thief, I ran out and I met Mr. Randell with these candlesticks in one hand, and the prisoner in the other.

Q. You of course took the prisoner in charge and you have had these candlesticks ever since. - A. I have; I produce them.

Q. Mrs. Foley look at these candlesticks, do they belong to your husband. - A. Yes, I am quite sure they do, they have his coat of arms upon them.

Q. What do you suppose them to be worth. - A. May I say thirty shillings.

Q. They are not silver candlesticks. - A. They are.

Q. Can you in truth say they are not worth more. A. What is the lowest I may put them at.

Q. What did they cost your husband. - A. I do not know.

Q. They are large silver candlesticks, they may be worth ten pounds. - A. I will say five pounds.

Court. However one may be disposed to favour him, it is impossible to say they are worth less than forty shillings.

GUILTY - DEATH , aged 17.

First Middlesex jury, before Mr. Baron Graham.

15. JANE ANGER was indicted for feloniously stealing on the 12th of November , a pair of sheets, value 24 s. a gown, value 18 s. the property of Ann Ennis , in the dwelling house of James Button .

ANN ENNIS . I live up the first floor, No. 39, Monmouth street . On Wednesday the 12th of November, about eleven o'clock in the forenoon, I went into Long Acre after some work, I returned about a quarter past twelve; the person that occupied the kitchen in the same house called me, I went to her and I stopped about ten minutes, I returned up the back stairs which lead into the passage, and on getting to the end of the passage I saw the prisoner come down my stairs; my own dog came to the street door and barked violently at the prisoner. I noticed the prisoner, and I saw that she had something bulky under her petticoats, I noticed her the second time, I then saw something white dragging upon her legs, I thought she looked very suspicious. I immediately went to my own door, and upon trying the latch I found the door had been unlocked by a key; I had left my door double locked when I went out. On entering the room I perceived that my bed clothes were taken off the bed, I immediately missed my sheets, they had been taken off the bed. I pursued the woman that I had met in the passage, and when I came to the street door I saw her turn the corner of Monmouth street to go into Great St. Andrew street. I took hold of her right arm, and I said my good woman what have you got concealed under your petticoats, I took the corner of her apron on one side, and I perceived a new cotton gown of mine pinned round her waist. I brought her back to the door myself, I met my landlady, I begged her to assist me, we went into my landlady's shop, I asked her where my sheets were; my landlady took hold of her by her right arm till such times she had shuffled the sheets off, which were concealed round her two thighs; during the time that my landlady had hold of the prisoner's arm, there came a key out of her bosom, which key I tried, and it opens my door. I sent for a constable and had her taken before a magistrate. I produce the things, I have had them ever since; the gown is mine, and the sheets they are marked by myself.

Q. Now just state what is the value of the gown and the sheets. - A. Eighteen shillings; and the sheets twenty-four shillings; the sheets cost me thirty-six shillings and eight pence, and they have been washed twice.

Q. The life of the woman depends upon the value of the things taken from you, therefore be particular. - A. I can swear to the value of the gown being worth eighteen shillings, and the sheets are worth twenty four shillings.

Prisoner. Can you stand there and say that you saw me upon the stairs. - A. I saw you come down the stairs and go into the passage.

Court. You are sure that she is the person upon whom you found the things. - A. Yes.

SARAH BUTTON . Q. Your husband is the owner of this house. - A. Yes, his name is James.

Q. Do you remember seeing the prisoner at the bar at the time the last witness has spoken off. - A. Yes, between twelve and one o'clock Mrs. Ennis brought her in by the arm, and bid me take hold of her arm; till she got assistance, and while I had hold of her arm, this key tumbled against my hand, it was just in the act of falling from her bosom, I gave the key to Mrs. Ennis, she said it opened her door.

Q. Did you see any of the things that were taken from her. - A. While I had hold of her arm Mrs. Ennis said that was the gown that was round her waist, I knew it to be Mrs. Ennis's gown; a person called to me, they said Mrs. Button, there are some keys laying on the floor, and these scissars.

Q. What would you give for such a gown as that. - A. I should give ten or twelve shillings for it; I would not give above twelve shillings for a pair of sheets that are second hand.

Prisoner's Defence. I am a poor woman, I have three small children; I went out to see for some work of a woman, she lived within a door or two of this house, I could not rightly tell the number of the house, I met the woman accidentally, her name is Mary Gibbons , I told her my distress, I had just that day come out of a sit of illness, I told her I had not a thing to cover my nakedness, I should be glad of some employ, she said she had none, she would lend me a shilling or two till Saturday, she was going to pledge some things, she told me to stay below, I was not to go up stairs with her; she fetched this gown and sheets, and gave them to me on the thresh-old of this person's door, if I had known these things had been stolen I should not have stopped till the prosecutrix came; I walked slowly by the door, the prosecutrix came and said, you cruel creature, you have robbed me, I said they were given me at the door, I have not been in the house; shut the door, she says, she is in the house now, the woman that lived in the cellar said, d - n her, we have got you, the prosecutrix fainted away and some brandy was got for her. I had not a bit of petticoat round me, the prosecutrix mentioned that I had something ragged wrapped round, which was an old sheet, the key which dropped out of my bosom was the key of my own door, where my children was locked in, I had four pence halfpenny in my bosom to get some potatoes, I took it out of my bosom, and the key, I was very faint, I asked them for a drop of water, the woman said no, they would not give me a drop of water if it would save my life.

GUILTY, aged 39.

Of stealing to the value of thirty nine-shillings .

Transported for Seven Years .

Second Middlesex jury, before Mr. Justice Grose.

16. THOMAS SMITH was indicted for feloniously stealing on the 27th of October , a gold watch, value 20 l. a gold seal, value 20 s. a gold key, value 10 s. an handkerchief, value 2 s. one guinea, two seven shilling pieces, and two pieces of foreign silver coin, value 2 s. the property of Ann Blake , spinster, in the dwelling house of John Blake .

ANN CUTLER . I live servant with Mr. Blake, James-street, Hackney .

Q. Were you a servant there on the 27th of October. - A. Yes.

Q. Was the prisoner. - A. Yes, he was employed there as a painter .

Q. To paint his house. - A. Yes.

Q. Mr. Blake has a daughter. - A. He has, her name is Ann Blake .

Q. What business is Mr. Blake, is he a merchant. - A. He is a gentleman of property.

Q. What part of the house was the prisoner employed. - A. On the 27th of October he was employed in the upper rooms.

Q. On the 27th of October you missed some part of your mistresses property. - A. Yes, the first thing that was missing was a purse with some money.

Q. You do not know perhaps what that purse contained. - A. No, there were two foreign pieces of money that were in it I know very well.

Q. Were they gold or silver. - A. They were silver.

Q. Do you know what they were called. - A. One had on it an eagle of the United States of America, and the other had a hole in it.

Q. You do not know what the contents of the purse was. - A. No.

Q. But there were more money in it. - A. Yes, there were more money in it.

Q. What else did you miss. - A. About eleven o'clock at night on the same day Miss Blake was going up to bed, she missed her watch, she enquired of me what I had done with it. In the morning, to the best of my recollection, I laid it in the drawer, but I am not positive.

Q. What time of the day was that. - A. About half past nine when I made the bed; I put it on the drawers, or in the drawers, if I put it in the drawer, it was in the drawer where the purse was deposited; but I am not quite sure.

Q. What sort of a watch was it. - A. A gold watch.

Q. Do you know what sort of a key it was. - A. I should know it if I was to see it.

Q. So I suppose, was it a gold key. - A. Yes.

Q. What sort of a seal. - A. A gold seal with a cornelian stone.

Q. What was the impression on the seal. - A. A B.

Q. What time in the day did the prisoner leave your house. - A. Between the hours of ten and eleven.

Q. What time did he come in the morning. - A. A little after eight.

Q. When did you miss the purse first. - A. My mistress missed the purse about three o'clock in the afternoon, and she asked me if I had seen it.

Q. Did you make diligent search for the purse. - A. I searched every where, I could not find it; I was very uneasy about it.

Q. Did you search every where for the watch. - A. I did.

Q. And that you could not find. - A. No.

Q. Had the prisoner been working in the house before the 27th of October. - A. For a week before.

Q. You are perfectly sure that you saw both the watch and the purse that same day, the 27th of October. - A. The purse I did not see, but the watch I laid with my own hands in the drawer, the watch I am sure I had in my own hand.

Q. Is the prisoner a master painter, or a journeyman. - A. A journeyman.

Q. Is your mistress here. - A. No, the family with whom I dwell are quakers.

Q. Mr. Blake is a quaker, and the young lady too. - A. Yes.

Q. When was the last time that you saw the purse in her possession. - A. It may be a week before.

Prisoner. I have one question to ask, whether I was at work in that apartment or not.

Court. She says you were at work in the upper apartments.

Prisoner. I was painting the street door, of a mahogany colour.

Ann Cutler . Yes Smith, that was in the morning.

Court Q. (to Ann Cutler ) I understand you to say, that the prisoner was at work at the upper rooms. - A. Yes.

Q. Your mistresse's bed room was below. - A. No, on the same floor; he had nothing to do with her room.

Q. How near was the room in which the mistress slept, to were he was at work. - A. The adjoining room.

Q. Was the door of the bed room usually left open. - A. It was that morning, the doors were all open; I was about my work.

Q. You are perfectly clear in your recollection about that. - A. I am.

Q. And the place where you supposed to have put the watch, either in the drawer, or upon the drawer, was in your young mistresses' bed room. - A. Yes. There were two doors to my mistresses' room, one in the room where the prisoner was at work, and the other came out on the stair case.

Q. Do you know whether the door that went from the room where the prisoner was at work, that went into your mistresses' room, was open. - A. It was open; there was a part of the morning that it was locked.

Q. What time of the morning do you recollect it was open. - A. It was open all the morning.

Q. I thought you said that you locked it. - A. So I did, but I very soon opened it again to go into the room where the prisoner was at work; the door that went into the room was open all the morning but a short time.

Q. Do you recollect about what time that was. - A. It was all within a short time.

Q. Do you recollect when you did lock it. - A. No.

Q. Was it before ten or eleven. - A. Yes, it was before that, it was before the prisoner had left the house.

Q. But, after your young mistress had left there. - A. Yes. I had taken the clothes off the bed.

Q. How long might it be locked. - A. Five minutes or more.

Q. What was the occasion of locking it. - A. The prisoner went in there with the paint, my mistress had a great dislike to the smell of paint, I asked him what occasion he had in that room when he had finished it on Saturday.

Q. Had you seen him in that room then. - A. Yes.

Q. What day was this. - A. The 27th on Monday.

Q. What did he say. - A. I cannot say what answer he made.

Q. Then you locked him out. - A. Yes, he had to go through my room to go into another room.

Q. Though you fastened it then you opened it afterwards. - A. I had to go through that room to go into a room adjoining my mistresses' room to make a bed.

Court. (to prisoner) She says that you did paint the door of a mahogany colour that morning, she says that you was likewise up stairs painting a room next to her mistresses.

Prisoner. It was no such thing.

Ann Cutler . He went up stairs by my master's order, I saw him in the room.

Prisoner. Mary, her fellow servant, came and told me that her young mistress particularly desired me to go down stairs, for she had not washed herself, and no one was to go there.

Ann Cutler . I know something of that on the Saturday I remember he was desired to come down stairs when he was painting Miss Blake's room.

Q. Did you see him at work in that room on that morning, in the room adjoining Miss Plake's. - A. I saw him, and my fellow servant saw him at work there while we were making the bed.

JOHN GRIFFITHS . I am one of the police officers of Whitechapel. On Monday the 27th of October, a young man, a pawnbroker, called at the office and desired me to go with him to his master's house in the Minories, they had stopped a man there.

Q. Did you go with him. - A. I did; when I came there the man was standing in the shop.

Q. Which man. - A. The prisoner. I desired the pawnbroker to shew me into a back room, that I might search him; he shewed me out into the back yard, where I searched him. In his pocket I found this purse, containing two foreign pieces of silver, one guinea in gold, three sixpences; there were four sixpences, one shilling, and a seven shilling piece in gold, which I gave him since. One of the foreign pieces is half a dollar, American; these are them that I found, and this is the purse (producing them). In his coat pocket I found these two handkerchiefs, this white handkerchief is in the indictment. When I had done searching of him the pawnbroker reached me this watch before him, saying this is the watch which the prisoner at the bar offered for pledging. I asked the prisoner then where he got this watch, he said it was his own property and he had it some time. After that I took him to the office before the magistrate; upon his examination the magistrate asked him where he got this watch.

Q. Was the examination taken in writing. - A. I cannot say; his answer was, he bought the watch at Colchester, that he gave four pounds for it, and that he had it four years in wear; the magistrate asked him as he had it so long if he knew the number of it, he said no, he did not recollect the number. I was desired by the magistrate to hand the watch to him and let him look at it, he desired him to open it, he opened the first case, he could not open the other at all; I then took the watch from him, he was committed for re-examination. I went round the next day, and going to one Mr. Webb, a watchmaker, a quaker, in Red Lion street, Clerkenwell, that is how I found who belonged to it.

Q. We are told that both the watch, key, and seal, are gold, do they appear so to you. - A. They do, the outer and the inner case are all gold, it is what they call a double bottom.

Q. Can you form any idea what is the value of that watch. - A. I should suppose this watch is worth sixteen or seventeen pounds at the lowest, I would give that for it.

Jury. It is well worth twenty pounds.

Prisoner's Defence. On Monday I came to Mr. Blake's house, I was employed by one Mr. Dowe, a painter. I had a man that was at work with me at the same time.

Court. Before you go on I must have that fact ascertained.

Q. (to Ann Cutler ) Was there any other person at work with him. - A. Yes.

Q. He was at work below. - A. They were both at work below in the morning, then my master desired him to finish the windows; the other man kept below, this man was desired to go up stairs.

Prisoner. It was nearly nine o'clock when he came, I did not go to work till he came; when he came he said he would finish the lower part of the house first, accordingly we did; I said I will take the machine for you, you can get out of the window better than me; he said, we have finished this work, Mr. Blake desired the door and frontispiece to be finished, he desired to have some porter. Mr. Blake allowed us sixpence a-day, the sixpence is there, he said you had better go and ask the coachman for it, I went to the coachman, with that he gave me the sixpence. I went for the beer, and on coming back I did not see my partner, I drank out of the beer and took it to the coachman; after he had drank I went to put the beer between the shrubbery and the door. During that time I saw part of the property that is produced here lying among the rubbish, I went to the public house, I acquainted the landlord, I said I did not know how it was, but there is some property that I found belonging to the young gentlewoman that is in the house; with that I stopped till four or five o'clock.

Q. You stopped where. - A. At this public house till four or five o'clock; with that I said to the landlady I do not hear of any person that owns the property, I will keep it till it is owned. With that I came along with three or four friends, I did not know whether I might not be deprived of this property. I thought I might pledge it for a small quantity of money, it might be more secure till such times as I went to my work again.

Q. (to Ann Cutler ) He did not return to work after Monday, did he. - A. No.

Q. Now look at this purse, and look particular at these two foreign pieces, is that the sort of purse your mistress had. - A. It is, I know the purse, it had a hole in it, there is a hole in the purse exactly in the same place; I had seen the hole before, it is drawn up with a piece of black silk.

Q. It is so now. - A. No, that is burst out, the hole is in the same place.

Q. Now look at these two foreign pieces, do you believe these to be the same two foreign pieces that were in the purse. - A. Yes, as near as I can tell. One has an eagle on it, and the other has a hole in it.

Q. And that now has a hole in it. - A. Yes.

Q. You have no doubt that these are the pieces that were in your mistresses' purse. - A. I have no doubt at all.

Q. Now look at the watch, chain, key, and seal, has that seal the cipher of A. B. - A. It has.

Q. Is that such a chain as your mistress had. - A It is the same, I know it by the colour and the pattern.

Q. Had you particularly looked at the watch. - A. Yes, but I never opened it. I have lived in the family a great while, I have been in the habit of taking it from the pillow every morning; my mistress always put the watch under the pillow when she retired.

Q. Look at the handkerchief. - A. I know this to be the property of Ann Blake , having her Christian name upon the corner.

Q. Was it in that room that morning. - A. Most likely in the drawer.

GUILTY - DEATH , aged 32.

Second Middlesex jury, before Mr. Baron Graham.

17. SARAH ELLISON and CATHERINE BARKER , were indicted for feloniously stealing on the 15th of November , in the dwelling house of William Tolley , three seven shilling pieces, a five pound bank note, and a two pound bank note, the property of John Weatherall .

JOHN WEATHERALL . I am a sailor . On the 14th of November, between ten and eleven o'clock, I met the two prisoners in the street in Spital Fields, they asked me if I would go home with them, I told them yes; they asked me for something to eat, I went into a cook's shop and gave them some beef and bread, I bought them two candles and two bundles of wood. I then went home with them.

Q. Where did they live. - A. Somewhere by Spital Fields , I do not know the street; I had not seen the women before. I went into a room up two pair of stairs with them, I undressed myself to go to bed, I took out my pocket book to see my money was safe.

Q. Did you open the pocket book in the presence of the prisoners. - A. Yes, they were looking at me. I had a five pound bill and a two pound bill, I put them safe in my pocket book, and I put my pocket book inside of the lining of my jacket, and my jacket I put under my head and went to bed; these women came to bed to me. I soon fell asleep.

Q. What, was you in liquor. - A. No, I had been drinking.

Q. You were a little in liquor. - A. I was a little in liquor.

Q. Being in liquor you fell asleep. - A. Yes. In the morning I awoke about four o'clock, I looked for the two women, they were both gone, and the jacket under my head was gone. I rose up in the bed, I found the jacket laying upon my feet, I looked in my pocket book, I found my money was gone all but sixpence and three halfpence; I stopped there till daylight to get a constable; he searched the place, but there was nothing there. I waited about the street for the purpose of taking them. About eleven o'clock they both came home together, I went into the house after them, I said good morning to them; they said they did not know me. I went up stairs after them, I asked them for my money, they denied it and said they had none; I staid in the room with them about five minutes, they both denied having any of my money. I came down to get a constable, I was no sooner down stairs but they were down stairs after me making their way up the street, I made them walk back to the watchhouse, and gave them to Mr. Hart the constable; he searched them in the watchhouse.

Q. Was you by yourself. - A. No.

Q. Do you know whether he found any thing upon them. - A. He said not.

Q. Did you ever meet with your bills or notes afterwards. - A. No.

Q. You could not find out where either of them changed this five pound note. - A. No, they bought new gowns and new pattens.

Q. You did not see them buy it. - A. No.

Q. Were the prisoners sober. - A. Yes, when I saw them.

Q. You had some liquor with them. - A. We had a pot of porter together before we went home.

Q. You tell us that they left you in the night, what had you one of one side of you and one of the other. - A. Yes.

Q. What, did not you perceive them get out of bed. - A. I did not.

Q. Was it a very large bed. - A. Not very large, it was big enough for three to lie in.

Q. Who went out first you do not know. - A. No.

Q. Nor whether they went out separate you do not know. - A. No, they both came home together.

Ellison's Defence. I know nothing of the man's money; when he met with us he said he had only a few shillings, which he laid out, and if we would let him sleep with us he would pay us the next day when he got his money.

Barker's Defence. He said that he had not above two or three shillings, and that he was going to lay out, he was going to get some money the next day; we never saw any thing of his money, he lost his money before we saw him, he said he had been to the play.

Q. (to prosecutor) What time did you go to the play. - A. At eight o'clock.

Q. Where was the place that you went to the play. - A. Upon my life I cannot speak the name of the street, somewhere in Whitechapel.

Q. Are you sure it was a play. - A. Yes.

Q. Had you been drinking before you went to the play. - A. No, I had beer at the play, it goes round.

Q. What play did you see. - A. I cannot say, there was a song singing.

THOMAS HART . I am a constable. On the 15th of November the prosecutor told me that he had got the women that we were in pursuit of in the morning, he had taken them to the watchhouse, I searched them, I found upon one of them a shilling and a few halfpence, they said they had none of the man's money. I asked them why they left him so early in the morning, why they left their own room and left a stranger in it, they said they had no further business with him, he had no money to pay them, in consequence of which they were not obliged to give him their company. I asked Sarah Ellison where she bought her new bonnet, she said close to Rose lane, if I would go with her she would shew me. I went with her as far as she liked, and then she could not find the place.

Q. Do you know who they rent the room of. - A. Yes, William Tolley . I have had Barker a prisoner before, I have been to that house many times; the outer door of that house is seldom locked of nights.

BOTH - NOT GUILTY .

Second Middlesex jury, before Mr. Justice Grose.

18. JOHN BERRY was indicted for feloniously stealing on the 19th of November , an hammoc, value 5 s. a bed and bedding, value 22 s. a great coat, value 20 s. two shirts, value 5 s. one pair of trowsers, value 5 s. two jackets, value 3 s. one pair of flannel drawers, value 1 s. and one waistcoat, value 1 s. the property of Rimur Rodrigues , in the dwelling house of Thomas Fonsck .

RIMUR RODRIGUES . I am a Portuguese. I was out of the house at the time the hammoc was stole. I never saw the prisoner before I saw him at the justice's. I can only speak to the property.

JOSEPH ANTONIO . Q. You are a Portuguese. - A. Yes.

Q. Do you know Mr. Fonsck. - A. I have known him the last three or four voyages to England, he lives in New Market-street Wapping . He lets lodgings, I lodge with him.

Q. Your countrymen chiefly lodge there, do they. - A. Yes.

Q. Do you know whether Rodrigues lodged there at that time. - A. Yes, he lodged there.

Q. Do you remember on the 19th of November last seeing the prisoner at the bar, look at him. - A. Yes, I was coming out in the morning to go to Blackwall; I came back again about eleven o'clock in the day, I saw the prisoner at the bar close by Mr. Fonsck's door; I came inside of the door, I did not say any thing at all to the prisoner, I came out again to buy some tobacco, and when I came back, just outside of the door, I saw the prisoner at the bar with the hammoc on his shoulder; I went inside of the door, I asked the people of the house who that hammoc belonged to, nobody answered me; I ran after the prisoner, the prisoner was running with the hammoc over his shoulder; when I came close to him, I asked him what business he had with that hammoc; says he what is that to you; so I brought the prisoner and the hammoc back to my lodgings.

Q. Was you by yourself. - A. No, me and another man, his name is Santo; I called to him to assist me, we brought him back, he was delivered to the officer.

Q. Had you seen this hammoc in the house. - A. Yes, it was in the passage bundled up; it had been there five or six days.

ANTONIO SANTO . Q. You are a Portuguese, are you. - A. Yes. On the 19th of November I was in Fonsk's Kitchen; Antonio called me from the kitchen stairs to come and assist him; I was the first that took hold of the prisoner, the prisoner was runing with the hammoc on his shoulder, we brought him back to the house, the hammoc belonged to Rodrigues; when I took hold of the hammoc the prisoner desired me to let him go; I said I would fetch him back.

(The property produced and identified.)

The prisoner said nothing in his defence, nor called any witnesses to character.

GUILTY, aged 22.

Of stealing to the value of thirty-nine shillings .

Transported for Seven Years .

Second Middlesex jury, before Mr. Baron Graham.

19. WILLIAM CHAPMAN was indicted for burglariously breaking and entering the dwelling house of James Calverly , about the hour of twelve at night, on the 6th of November , and burglariously stealing therein, one silver pepper caster, value 2 l. 2 s. two silver table spoons, value 1 l. three silver tea spoons, value 3 s. a silver mustard spoon, value 1 s. one shawl, value 5 s. a great coat, value 1 l. and an umbrella, value 5 s. the property of James Calverly .

JAMES CALVERLY . I live in Brook-street, Holborn ; the prisoner formerly had been my servant , he left me about four or five days before he entered my premises.

Q. Do you recollect what time you went to bed on the 6th of November. - A. About eleven o'clock, I made the premises fast.

Q. After you were in bed, did you hear any thing in the night. - A. No.

Q. What time did you get up in the morning. - A. I was called up about five o'clock in the morning to take in some potatoes from a farmer's cart; when I came down I had a light in my hand, I saw the carpet in the parlour ruffled about; I looked round and missed my great coat from off the bannisters of the stairs, I had left it there the night before. I saw the cupboard door open.

Q. Did you perceive where they had got in. - A. There was nothing broke, I got the smith to examine the locks; I perceived that he must have got in by taking the shutters down. I found it put in its place again.

Q. Could you see afterwards whether that shutter had been forced out of its place at all. - A. I cannot swear exactly to that.

Q. You cannot swear that the house was broken open at all. - A. I can swear that there was some property found on him.

Q. Did you miss any thing else. - A. Yes, there were silver spoons, and other things he took away, my wife can tell you.

ELIZABETH CALVERLY . I am the wife of the last witness. On Friday morning I came down a little after six o'clock; in the parlour from off a little mahogany board, I missed two silver table spoons and a silver pepper caster; the night before I put them away before I went to bed.

Q. What is your husband. - A. He keeps a potatoe warehouse . I left likewise a shawl upon the board, that was likewise gone; in the top cupboard there was a silver mustard spoon, taken out of the mustard pot; the bottom cupboard was broken open, and three or four silver spoons were taken from there, out of a jug, and an umbrella was taken, which hung at the cupboard; I had borrowed it of George Rimmington the Monday before.

Q. Have you found any of these things since. - A. Only the umbrella.

Q. Did you in looking about the house see how any body could get in. - A. Not immediately.

Q. Was the door of the house broken open. - A. No, it was fastened up with iron bars, there is a passage with a door, where they take goods in to the manufactory; my husband found that door had been unbolted.

Q. How was that opened. - A. It was opened by his getting in at the front shutter, which a child might pull down.

Q. Then by pulling the front shutter down, he might get into the shop, immediately and without any breaking. - A. Yes, and into the parlour, because the door was only shut to; and they could let themselves out of the door; that door is bolted, and the door that they take the goods in from the street, The umbrella was found in his lodgings.

Q. Did you see it found. - A. No.

Prisoners Q. Will you swear that I broke into the house, or any where about the shutter. - A. No, I cannot; you know the shutters was unfastened very well, you have put them up often enough, and pulled them down.

WILLIAM CHAPMAN . I am an officer. On the 10th of November, the prosecutor applied to me to apprehend the prisoner at the bar, as he had a suspicion that he had done the robbery. On the 11th I went to his lodgings in the morning; I took him out of his bed, and took him and locked him up at the office; I came back again and searched the place; I found this umbrella in one corner of the room; when he was before the magistrate he said that his wife bought it of a woman in the street.

(The property produced and identified.)

Prisoner's Defence. At the time I was taken out of my bed, I did not know what it was for, they took me and locked me up at Hatton Garden office; my wife came up to me and said that the officer had come down and searched the house, he had taken away some duplicates and an umbrella; I asked her what umbrella, she said it was one that she had bought a week before; I was not at home then, she said that she bought it in Fleet market, and a bonnet. I said I suppose you have a witness of it, she said yes; the woman is here who saw my wife buy the umbrella and a bonnet. I have worked for that master three times; if he can give me a bad character let him speak.

Court. Then if you call your witness, you will take care, if that witness is not believed you will be dealt with the greatest severity of the law.

CATHERINE FLETCHER . Q. Do you know the prisoner at the bar. - A. Yes, and his wife, I am neighbours to them.

Q. Do you remember at any time his wife buying an umbrella. - A. Yes, two days after Guy Faux day, between eleven and twelve o'clock, she bought it of a jew woman, just by Plum-Tree court, near the bottom of Fleet market; she gave half a crown for it; it was a green cotton one, with a few slits at the top.

Q. Look at that. - A. I cannot swear to the umbrella, there is so many alike; I only had it in my hand when it was bought; it had a hook stick, and that has a hook stick.

NOT GUILTY .

Second Middlesex jury, before Mr. Justice Grose.

20. ANN WILLIAMS was indicted for feloniously stealing on the 9th of November , a gown, value 10 s. a hat, value 2 s. a petticoat, value 1 s. 6 d. a waistcoat, value 1 s. 6 d. a coat, value 15 s. two curtains, value 5 s. a frock, value 2 s. a blanket, value 5 s. a sheet, value 5 s. and two handkerchiefs, value 6 d. the property of William Perkins . A cap, value 10 d. three pair of stockings, value 4 s. and a handkerchief, value 6 d. the property of Henry Clent , in the dwelling house of William Perkins .

WILLIAM PERKINS . I live at No. 43, Strutton ground , I am a plumbers labourer ; the prisoner quitted my lodgings on the 9th of November; she had been in my house six or eight weeks, she rented my garret.

Q. What time in the day did she go away. - A. About six o'clock in the evening.

Q. Did you expect her going away. - A. Not in the least; we missed nothing that night. On the next day we missed a child's frock and other articles; I found out where she lodged on the eleventh: when I entered the room, the first thing that I saw was the bed curtains, they were tied round the bed with string; I found a pair of sheets on the bed, and knives and forks that I know to be my own. She told the constable they were my property.

MARIA PERKINS . Q. You are the wife of the last witness, are you. - A. Yes; on Saturday the 9th of November, the prisoner at the bar left our house, we did not miss any thing till Sunday about two o'clock, then I missed my child's frock, and all the other articles.

WILLIAM RENNEY . Q. You are a constable. - A. Yes. On the 11th of November, I apprehended the prisoner in Belton-street, St. Giles's; I went with Mr. Perkins. In the room, I saw the curtains hang up, and two sheets on the bed; I saw some plates, knives and forks; I then searched her, I found sixteen duplicates under the bed, twelve of the duplicates contained the property that was lost. The prisoner said all I found in the room was Mr. Perkin's property.

(The property produced and identified.)

The prisoner said nothing in her defence, nor called any witnesses to character.

GUILTY, aged 24.

Of stealing, to the value of thirty-nine shillings .

Transported for Seven Years .

Second Middlesex jury, before Mr. Baron Graham.

21. ELIZABETH PHILLIPS was indicted for feloniously stealing in the dwelling house of Charles Clarke , on the 21st of November , a piece of silver called an Irish bank token, value 10 d. a bank note, value 50 l. a bank note, value 10 l. a bank note, value 5 l. a bank note, value 2 l. and five other bank notes, value 1 l. each; a bill of exchange, value 18 l. a bill of exchange, value 10 l. and a promissory note, value 30 l. the property of Maurice Davis .

MAURICE DAVIS . On the evening, about nine o'clock of the 21st of November last, the prisoner accosted me about the top of Newton street, Holborn.

Q. What are you. - A. I am in no business now, I have been a victualler , I lodge at No. 6, White-horse alley, Charing Cross.

Q. What age did the prisoner appear to you to be. A. About thirty. She asked me to give her something to drink; accordingly I went with her, she took me into an apartment in Cross-lane , where there was another person, of the name of Elizabeth Clarke resided. I gave to Elizabeth Phillips a silver piece, a tenpenny Irish bank token, she gave it to Elizabeth Clarke , and sent her for some gin with it, Elizabeth Clarke returned, said she could pass it only for sixpence. She returned me the ten penny piece, I put it in my pocket, I pulled out my bills and notes from my left hand pocket, to the amount of one hundred and thirty pounds. I sent her with a one pound note to procure what she liked to drink, she brought gin, and returned me part of the change, I imagine she kept about three shillings and six pence, in copper; they prevailed upon me for more money to get something to eat.

Q. Did you give them any. - A. Yes, she brought in some coals, some beer, ham and beef; it was getting late at this time; I fell asleep.

Q. Did you pertake of the beer, ham, and the gin. - A. Some part of it, there were two pots of porter, they advised me to lye myself down a bit; I did, I undressed myself, and laid my property in my breeches pocket, under the bolster.

Q. Were you at all in liquor. - A. Not far, I was rather elevated; I fell asleep, and awoke some time in the morning, and found Elizabeth Clarke gone, they had both been in bed with me; I asked the prisoner where Clarke was, she answered with a kind of surprize that she was surprised she should leave her in so clandestine a manner, and being so wicked; she said she would assist me when it was daylight to find her.

Q. Do you know what time it was. - A. I asked the prisoner, she said it was about four o'clock. I searched for my property, my breeches I found on the floor, and all the money was gone but two shillings and sixpence.

Q. The bank notes and the money was all gone. A. Yes, and the bank token too. When daylight appeared I went down stairs and went to Mr. Wyegate, a constable, I went to the prisoner's apartment with him, where I gave charge of her.

Q. What reason had you to charge her. - A. The purse was found in her possession, some silver and some copper, and the tenpenny Irish bank token. There is one bank note come to the bank, I have not been able to trace it to Clarke.

Q. You have not been able to trace at all any of those bank notes or bills of exchange. - A. They are not come due yet, I have traced none of them any further than this ten pound note has come to the bank.

Prisoner. Mr. Davis gave me the tenpenny piece as a curiosity when the change was brought for the one pound note.

Court. (to prosecutor) The question is whether you do not recollect giving her the tenpenny piece as a curiosity. - A. No, at the time I went to bed the tenpenny piece was in my pocket.

JOHN WYEGATE . I am a constable. The prosecutor came to me on Saturday morning November the 22d, he took me to the room where this prisoner was, I searched the room and I searched her, I found three shillings and sixpence in silver and ten pennyworth of halfpence, which the prisoner said was her property, and this tenpenny piece the prisoner told me he had given it her, I found it in her pocket; the prosecutor said that he had given it her to get some liquor, and then it came into his hands again.

(The token produced and identified.)

Prisoner's Defence. This gentleman slept between us both at his own request. Elizabeth Clarke left both Mr. Davis and I fast asleep, it was four o'clock when I awoke; his arm was over me, I believe he was feeling for Clarke, he asked where she was, and I thought she was there; he said where is my clothes, I said here is your waistcoat and small clothes, he looked and he said he had lost the property, he asked me if I would get up and go out, I said no, where he left me there he should find me; I saw no more of his money than the one pound note and the ten-penny piece.

NOT GUILTY .

Second Middlesex jury, before Mr. Justice Grose.

22. ANTHONY SILVER was indicted for feloniously stealing on the 14th of November , a waistcoat, value 7 s. the property of John Guest , privately in his shop .

JOHN GUEST . I keep a clothes shop in Fleet Market . On the 14th of November in the morning I had been out, I returned home about a quarter past one.

Q. Do you know any thing of the robbery yourself. - A. I took it from him. When I came in I found the prisoner looking over some waistcoats, they told me that he had been in the shop about three quarters of an hour, they could not sell him any thing, nor would he go away, and they thought he had got something under his great coat, they were afraid to attack him. I then went from my own side of the counter to the side he was on, I told him I wanted to look under his great coat, he refused letting me, but with some trouble I got his coat of one side; I found a waistcoat and a pair of new shoes under his great coat, the waistcoat belonged to me, the shoes did not.

Q. How do you mean that he refused you. - A. I went to pull his coat of one side, he said to me, what you want; he spoke English to me tolerably well then.

Q. That is the waistcoat that you have got in your hand. - A. Yes, it is mine, it has my writing on the lining.

Q. Is any of your people here. - A. No.

Q. Then they might have sold it for what you know. - A. It did not appear so.

NOT GUILTY .

London jury, before Mr. Recorder.

23. JOHN MILLS was indicted for feloniously stealing on the 19th of November , three yards and a half of cloth, value 3 l. 3 s. the property of John Lack .

- SIMES. I am a publican, I live at the Blue Anchor, Wormwood street. On the 19th of November a young man called me out of the bar to the door, he said he suspected that some person was going to rob Mr. Lack. When I went to the door the prisoner at the bar was in the middle of the road with a piece of cloth under his arm, he immediately went up to Mr. Lack's window and pulled out another piece. When he had done that he went into the middle of the road. One person out of the two that were waiting on the other side of the road, came to take the cloth from him, as I suppose; they immediately ran when they saw me coming after them; I pursued the prisoner, the others took a different direction, and I stopped him at Little Moorfields. I gave him in charge to the constable.

Q. What became of the cloth. - A. He threw it down immediately he saw me coming after him.

Q. Are you sure the prisoner is the person who took the cloth out of the window. - A. I am certain, I can take my oath of it, I never lost sight of him.

Cross-examined by Mr. Alley.

A. You had never seen the prisoner before the night the robbery was committed. - A. No.

Q. There was a great many people about the place. - A. There was no more persons than I have mentioned.

Q. Was it dark or light. - A. Just about dusk. I was not above ten yards from him, I never lost sight of him at all.

Q. You are taller than he. - A. Yes, I could see over his head.

Q. You could not see his features, I could not, I was behind him.

Q. Do you mean to swear that you never lost sight of him. - A. I have sworn it.

WILLIAM RICHARDSON . I am a porter. As I was passing Mr. Lack's door I saw the prisoner at the bar and two more about Mr. Lack's window. I went to the next door neighbour, Mr. Simes, to acquaint him that there was something going on that was not right, and just as we came out of the door this young fellow was drawing the cloth; I see him draw the cloth through the window where the glass was cut; there was a call of stop thief, and he was pursued.

Q. Did you pursue him as well. - A. Yes, he was taken.

Q. Are you sure it is the same man. - A. Yes, I am sure it is the same man that drawed the cloth out of the window and dropped it.

Q. Who picked up the cloth. - A. The gentleman that belonged to it.

JOHN LACK . I am a tailor and mercer , I live at No. 10, Wormwood street . On Wednesday the 19th of November I was sitting up stairs, about five o'clock in the afternoon, I heard the cry of stop thief, I ran down stairs and opened my door, I saw my cloth laying in the channel, about five yards from my house. I immediately picked it up and carried it to the shop, I kept it in my possession till the constable returned with the prisoner and the other witnesses; then I gave the cloth to the constable.

Cross-examined by Mr. Alley.

Q. Do you carry on the business for yourself or have you any partners. - A. For myself. I have no partners.

Court. How was it gone out of your shop. - A. From the window; the pane of glass was cut out as clean as a glazier could do it; there was a larger piece of cloth lying there, which they could not pull through, they had pushed that down, and this smaller piece they had pulled through.

The prisoner left his defence to his counsel, and called no witnesses to character.

GUILTY , aged 18.

Transported for Seven Years .

London Jury, before Mr. Recorder.

24. THOMAS WRIGHT was indicted for feloniously stealing on the 22d of November , twenty-eight yards of printed cotton, value 39 s. the property of Humphry Jones and Hugh Jones .

JOHN DAVIS . I am shopman to Humphrey Jones and Hugh Jones , they are linen draper s at the corner of the Spread Eagle inn, Gracechurch street . On Saturday the 22nd of November, about half past five in the evening, I was standing in the shop, I saw a quantity of printed cottons that we had placed near the door move (they were within the threshold); I ran to the door, I discovered the prisoner running up the Spread Eagle yard, he ran into a passage which leads into Leadenhall market; he turned round, saw me, and then he put the furniture under his coat and ran into Leadenhall market, I cried stop thief, he was stopped in the market by William Bligh , a butcher in the market; he then dropped the furniture, I picked it up, and with the assistance of the witness I brought him back to the shop and gave charge of him.

Cross-examined by Mr. Gleed.

Q. It is the custom of your shop to expose goods out of door. - A. Not after candle light; this was within the threshold of the door, perhaps a quarter of a yard, the door was open.

Q. How far might you be from the door. - A. Perhaps about ten yards.

Q. Was it a dark night. - A. No, a light night; there was a lamp in the Spread Eagle yard. I did not see any body about the door till I got into the Spread Eagle yard, and then I pursued the prisoner; I was within two yards of him when he was stopped.

WILLIAM BLIGH . Q. You are a butcher in Leaden hall market. - A. Yes. I was standing in my shop, I heard the cry of stop thief, I saw the prisoner, and I immediately catched hold of him. I saw him drop the property.

(The property produced and identified.)

Prisoner's Defence. I am innocent of it.

The prisoner called one witness, who gave him a good character.

GUILTY , aged 22.

Transported for Seven Years .

London Jury, before Mr. Recorder.

25. MARY SIMMONS was indicted for feloniously stealing on the 27th of November , eight pound weight of bacon, value 5 s. the property of John Smith .

SETH WHITTLE . I am shopman to John Smith , 74, Sun street, Bishopsgate street . On the 17th of October, about seven o'clock in the evening, a man came in for a quarter of a pound of Cheshire cheese, I was serving of him, the prisoner at the bar followed him a little way in the shop, she kept at the back part of it, close to where the bacon was; she had a red cloak on, she walked back to the door, I heard her say here; I cast my eye to where the bacon stood, I saw her hand a piece of bacon to another woman, who went off with it. I walked round the counter and the other person was gone, I called an officer in and gave charge of the prisoner; as she was going to prison she offered to pay for it and begged that we would not take her to prison, she would make any satisfaction for it.

Q. What kind of bacon was it, how large a piece. A. It was upwards of eight pounds, I am sure the prisoner is the woman that took it.

Prisoner's Defence. I went into this man's shop, I asked for a quartern of butter; a man was there having some cheese, he said to me, what do you ask for, a quartern of butter; he said I think I have lost something, there were two pieces of bacon, I have lost one, I insist upon searching you; he pulled off my cloak, he found nothing; then he said I will send for an officer. I am as innocent as a child unborn.

GUILTY , aged 28.

Confined One Month in Newgate , and fined One Shilling .

London Jury, before Mr. Recorder.

26. SAMUEL GOMMER was indicted for feloniously stealing on the 27th of November , six pound weight of mixed metal, value 5 s. the property of Thomson Warner , John Warner , and Robert Warner .

JOSEPH DEAKIN . I am a founder; I work for Messrs. Warner, they live in Jewin-street Crecsent, Cripplegate . On Saturday the 15th, a little after one o'clock, this man went out to dinner; Mr. Robert Warner called him back.

Q. What his he. - A. A labourer ; I was called to search him. I found this metal in his different pockets, they are patterns chiefly that we work from, they are made of composition metal.

Q. What did he say to this. - A. He begged for mercy, and hoped my master would forgive him.

JOSEPH LOCKYEAR . These two pieces of rough work, I had made up that morning.

(The property produced and identified.)

Prisoner's Defence. I was taking dirt and ashes out of the shop all the morning. In the ashes, I found that old metal; I took it and meant to leave it in the shop, I did not, my master called me into the accompting house, and sent for Joseph Deakin from a back shop to search me.

GUILTY , aged 40.

Confined One Month in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

27. JOHN GARDNER was indicted for that he on the 27th of October , was servant to William Bath , and was employed and entrusted by him, to receive money for him, and being such servant, and so employed and entrusted, on the same day, did receive and take into his possession, one shilling and a penny farthing, for on account of his said master, that he afterwards, feloniously and fraudulently did embezzle, secrete, and steal the same .

The case was stated by Mr. Knapp.

WILLIAM BATH . Examined by Mr. Knapp. Q. You are a baker . - A. Yes; I live in Salisbury court, in the City of London. The prisoner at the bar was my journeyman , he had lived with me near two years.

Q. Was Mr. Barret a customer of yours. - A. Yes, for twelve or fourteen years, he lives in Shoe-lane .

Q. Tell us the nature of your business - A. The men put the bread on the counter, whoever is behind the counter; me, my daughter, or my wife, we count the bread and write it down on the slate, exactly as we give them; the slate is cleaned every morning, and every morning a fresh account, there is a grove cut in the slate for each journeyman with their names to it. Then he takes them out and delivers them to the customers; after he has counted them over and put them in the basket, and he says all his right.

Q. Do you know of any bread being put down for Mr. Barret on that day. - A. There was no bread put down to Mr. Barret on that day.

Q. Do you know whether there was any bread delivered by the prisoner to Mr. Barret, on that day. - A. Yes.

Q. Have you got your books here. - A. Yes, my daughter keeps the books.

Court. Q. You only enter upon your slate the number of each accompt of loaves that are delivered to your journeymen, the whole quantity delivered to each man, then he is to account for each loaf; when he comes back the loaves are called over, and put down in the bread book, and the slate, and the books are examined and called over to see if they tally. - A. Yes, which we did on that day.

MISS BATH. Examined by Mr. Knapp. Q. Is that the book which you keep, and is that your hand writing - A. This is the book for the cash.

Q. You take all accounts from the prisoner, does there appear upon that book any entry of a loaf sold to Mr. Barret on the 27th of October. - A. No.

Q. Would it have been the duty of the prisoner to have given you that account on the 27th of October; and should you have wrote it, if it had been so. - A. Yes.

Cross-examined by Mr. Gurney.

Q. Did you receive all the account from the prisoner of all the bread that was taken out on the 27th of October. - A. Yes, all that was on the slate, it is my general practice.

Q. Dismiss from your mind what your general practice is, and refer to what you did on the 27th. In the first place let me look at that hand writing, on that day; at what time did you receive the account from the prisoner. - A. I did not receive the account from him on the Monday, he had gone out and got tipsy; on Tuesday morning he gave it me.

Q. The prisoner has the misfortune, I believe, not to be able to read nor write. - A. No.

Q. And the account that he gave you therefore of course must be from his own memory. - A. Yes; I am very particular in taking them.

Q. He being tipsy on the Monday, he gave you the account on the morning after the delivery; in the book it appears that he has received payment for about ten or eleven loaves; there appears to be about thirty-one; delivered when he gives you the account, you call over the names, he says I gave three to one person, two to another, and one to such a one, and so all down the list as the names are called over; he tells you the number of loaves to each person, and then he states from what person he received money. - A. Yes.

Mr. Knapp. He gave you the account on Tuesday when he was sober. - A. Yes.

Q. Was he a very correct man. - A. Yes, or else we should have suspected him before.

Q. Do you recollect, independent of the cash book, whether on the 27th he ever said to you of having delivered a loaf to Mr. Barret. - A. I know he never did.

Court On Tuesday his account of the loaves delivered on the Monday appeared correct, what he had accounted of, having disposed of to different customers. - A. Yes.

Q. To those who had paid him, and to those who had them on account. - A. Yes.

Q. And this account agreed with the slate. - A. Yes, exactly.

Q. Did you call over the name of Barret. - A. Yes, he answered, none.

BENJAMIN BARRET . Examined by Mr. Knapp. Q. Where do you live. - A. I live in Shoe-lane. I am a dyer.

Q. Is Mr. Bath your baker. - A. He is; the prisoner was his journeyman. On the 27th of October, between ten and eleven o'clock, the prisoner brought me a new loaf; I told him I wanted a stale one, he went back and returned in a little time, and brought me a stale loaf, for which I paid him one shilling, one penny, one farthing; two days afterwards I was desired to tell whether I had a loaf or not.

Cross-examined by Mr. Gurney.

Q. From the time that you have known the prisoner, what is your opinion of him. - A. He never tried to play any tricks with me at all; I had a very high opinion of him.

Court. (to Miss Bath) All the loaves that were delivered out on the 27th he accounted for on the 28th. - A. Yes, every one of them.

Q. (to Mr. Bath) Do you know of any customers of yours charged with a loaf more than they ought to be. - A. I know of an hundred.

Mr. Gurney. On that day. - A. I do not know that here was.

NOT GUILTY .

London jury, before Mr. Recorder.

28. FRANCIS MILLER VICKERS and HYAM MITCHELL , were indicted for feloniously stealing on the 29th of October , a silver watch, value 2 l. four gold seals, value 2 l. two gold watch keys, value 4 s. and a watch chain, value 1 s. the property of Edward Mac Dermote .

The prosecutor not appearing in court, his recognizance was ordered to be estreated , and the prisoners were

ACQUITTED.

London jury, before Mr. Recorder.

29. JAMES SQUIRES was indicted for feloniously stealing on the 22d of November , one hundred and sixty pound weight of split beans, value 16 s. the property of Thomas Blackburn .

THOMAS BLACKBURN . I live in Philips court, Little Britain .

Q. Was the prisoner a servant of yours. - A. Yes, he was a carman of mine. On the 22nd of November I assisted him in loading of ten sacks of split beans; he was to go with them to No. 48, Blackman street in the Borough; there were nine sacks of Mr. Holdings and one sack of mine which he was to bring back, he brought back the empty sack, I sent him there and I thought he had delivered the whole; I received information from Mr. Holding what the prisoner had been at. I know no more than taxing him about not leaving them; he said just as he unloaded the cart there came a man up to the cart with a sack of barley meal, he asked him to carry it somewhere and he did, and in York street in the Borough he took it off and gave him a glass of gin. I was not satisfied with that.

JOSEPH SMITH . I live with Mr. Holding, No. 48, Blackman street, he is a corn chandler. On the 22nd of November the prisoner at the bar delivered me a note of ten sacks, I shewed him where to stack them in the granary; he had another man with him, they began stacking the ten sacks; I was called out to serve in the shop, and during the time I was in the shop he and the other man that was with him took a sack from off the bulk and put it in the bulk they were making up; they were four bushel sacks they were bringing in, and this this one they took off the bulk was five bushels.

Q. Did you see them take it off the pile. - A. No, I was in the shop; directly I was done serving in the shop I got up in the cart and went to pull the sack from the top of the cart, he said it was not mine; a little while afterwards our man came in, he found a five bushel sack of split beans had been taken away from the bulk and removed to the sacks he had brought in; I saw the sack.

Cross-examined by Mr. Alley.

Q. He brought you a ticket of ten sacks, and you thought you had ten; you have told us that they removed a sack from the bulk, that you did not observe to be done by the prisoner, there was another man with him. - A. Yes.

Q. And they drove off with the sack in the cart. - A. Yes.

Q. This was in the Borough. - A. Yes.

Q. Do you mean to say that this tenth sack was never out of the cart. - A. It never was.

Court. You never saw the cart go towards London bridge. - A. No.

NOT GUILTY .

London jury, before Mr. Recorder.

30. WILLIAM OAKLEY was indicted for feloniously stealing on the 29th of October , a woolen horse-cloth, value 2 s. the property of Edward Cooper .

JOSEPH LEE . I am coachman to Mrs. Wilson, No. 12, Highbury place, Mr. Cooper is the job master , he furnishes the horse cloths. On the 29th of October, about half past seven, I lost the horse cloth; the carriage was standing in the tabernacle yard, Moorfields , I was in the tabernacle at the time it was stole, I had seen it on the horse ten minutes before; I came out on purpose to watch; there was another coachman there, we took turns to watch, and when I came out again the other coachman tapped me on the shoulder and told me. I found the man in custody, and the cloth was off the horse's back in the hands of the officer.

BERNARD READ . I am an officer of Worship street. On Wednesday night the 29th of October I was out on duty in Shoreditch. I saw the prisoner, I knew him well, I followed him from there to the tabernacle, there were two carriages standing within the tabernacle gates, the horses of both the carriages had cloths on; I saw the prisoner go up to one of the horses and take this cloth off. I immediately took him with it in his hand, when he had walked off about ten yards with it.

Prisoner's Defence. I saw the cloth lay on the ground, I was going to put it on the horse, he came up and said I was going to steal it.

(The property produced and identified.)

GUILTY , aged 69.

Confined Twelve Months in the House of Correction , and fined One Shilling .

First Middlesex jury, before Mr. Recorder.

31. JAMES CARTY was indicted for feloniously stealing on the 10th of November , a wheelbarrow, value 10 s. the property of Hugh Macintosh .

EDWARD FLAXMAN . I am a constable of Bow. On the 17th of November, about six o'clock in the evening, I was going up Stratford, the prisoner at the bar met me with the wheelbarrow, he stopped and asked me if I would buy it, I asked him how he came by it, he told me that the foreman of the docks had given it him, he asked me five shillings for it; I saw the barrow marked M T. I told him the barrow belonged to Mr. Mackintosh, I took him in custody, and the barrow I put in the watchhouse, and I wrote a note to Mr. Macintosh.

(The property produced and identified.)

Prisoner's Defence. I worked for a gardener at Poplar, he had but one barrow, I asked a navigator to lend me a barrow, he said take it and welcome; I took the barrow and used it for three months in the ground; I left that master, and I said he should not have the pleasure of using the barrow after he turned me away. I worked afterwards for Mr. Thomas of Bow; I took the barrow out to get a bushel of coals, I happened to spend the money; that man asked me to sell the barrow, he asked me to take five shillings for it; I told him I would not sell it at all.

GUILTY , aged 64.

Confined Twelve Months in the House of Correction , and fined One Shilling .

London jury, before Mr. Recorder.

32. JOHN ANDREW NARDI and SABASTIAN GRANDI were indicted for the wilful murder of William Broad .

EDWARD GOOLD . I am a salesman in Covent Garden.

Q. Where was you on the 5th of November. - A. On Wednesday evening, the 5th of November , between seven and eight o'clock, I was passing down Long Acre : I came to a sadler's shop, I saw several persons assembled at the door of the sadler's shop; the prisoner Grandi, was standing at the door with a mopstick in his hand, and a sergeant's sash tied round his coat crossways, and with a feather in his hat. The prisoner Nardi was inside of the shop; I had not stopped above a minute, when the deceased William Broad , and another young man came, (Bridgeman) arm in arm; William Broad says to the prisoner Grandi, are you a woman; Grandi put the stick in several postures between his legs, and flourished it about, and then said if he, William Broad , did not go away the other gentleman would come out of the shop and shoot him, and play the devil with him.

Q. Were several people gathered about the house then. - A. There was between nine and twelve, Grandi spoke in broken English. In the course of a minute or so, the prisoner Nardi came out to the door, and says what the devil are you all at here, if you do not all go along, I will shoot you, looking at William Broad .

Q. How far were you at this time. - A. I was not a yard from them, William Broad said you must not shoot here, if you shoot here, I will teach you how to shoot. Bridgeman said let him shoot and be d - d, and immediately Grandi struck Broad with the mopstick.

Q. Were did he strike him - A. I could not ascertain where, he struck him low; with that a scuffle ensued between Grandi and Broad.

Q. Are you perfectly clear about that. - A. Yes, and the stick was taken out of Grandi's hand by Broad, I think.

Q. Describe that as well as you can recollect, the manner in which the stick was taken out of his hand. - A. As Grandi was striking at him a second time, the young man held up his arm, the stick was taken out of Grandi's hand, by whom I cannot tell.

Q. He held up his arm to defend himself against the blow. - A. Yes, and the stick I think was taken from him by William Broad , but I will not be positive. Grandi says you have robbed me, he addressed himself to Broad, and the stick was thrown down again by Broad, they kept scuffling (Broad and Grandi) till they got into the middle of the street; I remained on the pavement, I turned round and saw Nardi by my side, he was on the pavement.

Q. And can you swear that at that moment Grandi and Broad were in the middle of the street scuffling. - A. I can; Nardi had a bundle in his left hand, he had a mixture coloured coat on, his hat was decorated with feathers, and an election bill of Paul stuck in his hat, and the drawing of Mr. Fox; I think it was done on with ribbon.

Q. Did either of the prisoners appear to you to be in liquor. - A Nardi did not, Grandi appeared rather so.

Q. You say that you looked at Nardi as he stood by your side on the pavement; what did you observe him do. - A. I observed him put his hand to his side, whether to his breeches, coat, or waistcoat pocket, I cannot say, he put it down low; I see him draw something up, he held it up, I perceived the blade of a naked knife, the other part was covered with his hand, the blade appeared as long as my finger; the crowd had increased, there was a small opening in the crowd, he ran from the pavement into the street, where Broad was fighting with Grandi; I followed him as close as I could. I saw him give the young man a stab two or three times; Broad was in a posture of defence with Grandi.

Q. When he stabbed at Broad was Broad's face or back towards Nardi. - A. He was what they call half face; I saw Nardi aim at his right arm, that was at that moment extended. I immediately called out he has got a knife; I saw him stab him in the arm, but I could not see him stab him in any other place particularly.

Q. Now young man, I would wish you to be very particular in this case as you have described; can you take upon you to say that Broad never struck him. - A. I can take upon me to say that Broad nor any one else struck at him to my knowledge; if Broad had struck him I must have seen it. I called out that he had a knife, and others called out when they saw that he had a knife, and several began to press upon him; he retreated, the people followed him till he came to the other side of the way, to the door of a cheesemonger's shop nearly opposite of the sadler's, and there I got close up to him. I seized his right arm, he changed the knife from his right hand into his left hand, where the bundle was; (he had the bundle in his hand all the while). A young man caught hold of the other arm, he passed the knife totally away, and I saw nothing of it. He went into the cheese-monger's shop. I and the young man got him back in the shop; somebody came to the door and said secure the man, the young man is stabbed.

Q. Where was Grandi then. - A. He was out of the door. The master of the shop was rather alarmed seeing us all press in at the moment, the prisoner Nardi was at liberty; then he pulled off his coat as he sat upon some butter tubs or cheeses, doubled it up and put it between his legs, and he pulled off a light waistcoat, and stuffed it in the bundle. Somebody after that came and said the man is a dying, I will go and fetch an officer from Bow-street. The officer came in a little time; silence was called, I took the coat from between his legs, and gave it to one of the officers; there was another officer which took his bundle, they searched the coat pockets and found two knives, they tied his hands and conveyed him to Bow street; when Nardi came into the outer office they untied his hands, he folded his arms; one of the officers asked him which was the knife that he had done it with, the prisoner pointed to the one with the green handle, it was a clasped knife; we went before the magistrate; then he was secured.

Cross-examined by Mr. Gurney.

Q. This you say was on the 5th of November. - A. Yes.

Q. And one of the days of the Westminster election. - A. Yes, and very near Covent Garden.

Q. On the 5th of November we all know there is a great many people about the streets. - A. Yes.

Q. Your attention was drawn by seeing a crowd about the door, and Grandi being dressed in the fantastical way you have described. - A. It was.

Q. He had a box under his arm. - A. I did not see that.

Q. Do you remember seeing a silver medal about his breast. - A. I saw that.

Q. His dress and appearance was very odd, and the mob were jeering of him, were not they. - A. I never heard any one speak only the words I have told his lordship.

Q. Broad began speaking to him as if he was a woman. - A. He asked him if he was a woman.

Q. After Broad took the stick from him - you believe it was Broad that took the stick from him, but you are not sure - they were fighting with their fists A. They were.

Q. When Nardi came out and said if you do not be gone, I will shoot you, had he any fire arms. - A. He put his hand to his side, I never saw any, he had a small whip.

Q. Before you saw Nardi take out the knife your particular attention was taken to Broad and Grandi. A. I was particularly looking at them.

Q. And when you were particularly looking at them, you do not mean to speak with accuracy what was done by Nardi, you had not been watching Nardi till you returned and saw him that moment. A. Not till I saw him at that moment.

HENRY FREDERIC HOLT . I am a surgeon, living in Abingdon street. On the night of the 5th of November, I was going down Long Acre between seven and eight in the evening, I observed the prisoner Grandi fantastically dressed, with flowers and feathers in his hat, and a sergeant's sash across his shoulder, he had a common mop stick in his hand and something like a medal hanging at his button hole; presently another, dressed in the same fantastical manner (Nardi) passed me, and passed Grandi, he went into a sadler's shop, I was pretty close upon his heels, I stopped a moment and looked into the shop, I saw Nardi in the shop with a paper with the name of Paul printed on it on his hat, and an election bill of Paul in his hand; I believe I was the only person looking in the shop at the time, I believe Grandi was then standing at the shop door; Grandi said to me you had better go about your business, or else the gentleman in the shop when he comes out perhaps will hit you a thump of the head; I immediately made answer it is devilish civil, and then walked off; I went to Gardener's worm shop, I think it is the next door to the sadler's, I looked in the worm shop window for a minute or two; when I turned my head towards the sadler's I observed several people, there might be nine or ten people, collected about Grandi, I think I heard somebody say, are you a woman; but I was so far I will not swear to it, when Grandi called out loud something in Italian, or I supposed it to be so, it was in a foreign language; when Nardi came to the door and said, G - d d - n you all, what the devil are you all about, my brother is a soldier, I am a soldier, will you enlist; he came down the steps, and a scuffle ensued I could not then see what they were doing, I was the outermost person. I heard a voice in the crowd say, you are a thief, you stole my stick; I believe the whole of the crowd was on the pavement at that time, because I heard the stick fall upon the pavement. I kept aloof from the crowd, I could not particularly say where Nardi or Grandi was; upon the opening of the crowd I saw a young man fall, by whom he was knocked down I cannot say, this was in the high street. The scuffle continued again, when the crowd opened completely; I saw the prisoner Nardi, he knocked the young man down again.

Q. The same young man. - A. I suppose it to be so, Nardi struck him a back-handed blow and struck him down.

Q. Could you perceive at that moment any body else engaged fighting with this young man. - A. I could not; Nardi retreated three or four paces after he knocked him down, I saw him put his right hand into his right hand breeches pocket and take out something, to which he used his left hand to do a something with. Thinking it was a pistol, from his having said he would shoot the man, I retreated still further; when he had done what he wanted with his left hand, he took it up in his right hand and brandished it; conceiving it to be a pistol, my face being towards his back, I could not see what he had in his hand.

Q. At the time that he retreated back and held something up, was any body pressing upon him or attempting to strike him. - A. Not that I saw. After having brandished this about, he rushed into the crowd almost immediately, I retreated further back, the crowd closed upon him and parted him from me. I then heard a voice cry out, he has got a knife, and the crowd pursued, but from the crowd and the scuffle altogether I cannot say who they pursued, they were altogether then opposite to the cheesemonger's shop; upon following of the crowd into the main street I saw two young men standing, I went up to them, one had hold of his companion, who was tottering this kind of a way (the witness describing it), not standing steady at all, and coming close to him I heard a violent rushing, I thought the man was making water, but hearing him say, Oh my thigh, I thought instantly that he had been wounded in the seminal artery, or what is commonly called the pope's eye; I did not see the wound, the blood was all over his thigh, I conjectured from the noise that I heard that he was wounded in the seminal artery; I immediately seized him firm by the right arm and brushed my finger with force into his groin, in order to brace the artery; in that way, one hand round his arm and the other on his groin, I led him to the light of a shop window, I saw no cut in the breeches in the course of the artery, and therefore seeing the blood run down his fingers, I found that he had a wound in his arm, I took him to a shop in Long Acre, where they refused him admittance, I led him to a surgeon's shop, and he fainted the moment we could get the door open. With my hand firmly pressed upon his artery, I got some one to turn the coat sleeve up, I thought he was cut on the wrist, I observed a cut in his coat. I observed that he had a severe wound just above the bend of the arm, it was completely across the arm, about three inches in length, and the depth was to the bone.

Q. You are quite sure the artery was cut through. A. Yes, I was sure of that, because I tied it up above the large artery and the regular nerve, it had bled profusely, but I kept my hand upon the artery above it; I suppose he must have bled to death had not I accidentally gone up to him at the time that I did. After I discovered the wound I did the best I possibly could in the way I was placed, I wished him to go to the hospital, I told him I would go with him, I saw him in the coach to go to his uncle's.

Q. Your care being particularly called to the arm you did not make any observations any where else. A. No, I did not, because the bleeding came from the arm alone; he complained of his thigh, I examined his breeches, I could not see any cut there, it was a pair of striped breeches, and I imagine the knife might go through the cord, being a thin knife; I did not examine particular. Upon passing my finger down his thigh he said it hurt him there, and there were no large blood vessels there, I paid no attention to it.

Cross-examined by Mr. Alley.

Q. I understand you sir, at the time Grandi cried out to Nardi, the mob became to congregate, and Nardi came out and made use of those expressions for the purpose of frightening them away. - A. I could not fancy that the man had any idea of shooting him at the time.

Q. He had no offensive weapon with him. - A. No.

Q. Had not the scuffle began before Nardi came down the steps. - A. The whole transaction from the first it began was not more than fifteen minutes.

JOSEPH MANLEY . I am a journeyman baker, I live at No. 19, Vine street, St. Martin's.

Q. Were you in Long Acre on the 5th of November last. - A. Yes; about a quarter before eight I was passing along, I saw a mob of people, there might be an hundred or upwards, I saw two men in the attitude of boxing; the prisoner Nardi was one, that was the first I saw, and a young man.

Q. Did you observe any blows struck. - A. I saw their hands go on both sides, I saw Nardi's hat knocked off; instantly he retreated across the road on the pavement, I followed him, the people called out take care of him he has got a knife, he has killed the man; there was a quantity of people collected about him, he went into a cheesemonger's shop, he pulled off his coat, I followed him, I says you have killed the man; he sat down upon some cheeses, I says where are your knives, he says I have none; the officer came and searched him, and two knives were found upon him; he said he was in danger of being killed. I said you have stabbed the man, which knife did you do it with. Nardi said that was the knife (pointing to the green handled one) that I did it with.

Cross-examined by Mr. Gurney.

Q. Did it appear to you that the young man who was boxing with Nardi was the deceased. - A. I cannot say, he had a brown coat on.

Q. (to Mr. Holt) Could you observe the colour of the man's coat. - A. It was a dark mixture, a kind of Bath coating.

Q. (to Manley) How long did it appear to you that the person in the brown coat and the prisoner Nardi were fighting with their fists. - A. Not above a minute.

Q. Did you perceive any thing in Nardi's hand at that time. - A. No, I was on the contrary side, Nardi's face was towards me, and the man that was fighting with him was between us; I saw both their hands go, he might have had a knife in his hand for what I saw.

Q. At the time you saw their fists going, there was no cry of a knife in the mob at that time. - A. No, some person in the mob said d - n his eyes, give it him, learn him to shoot.

Q. You say that Nardi's hat was knocked off, did it appear to be done by the man in the brown coat. A. I cannot say, his hat fell, and he lost it for a time; it appeared to have fallen during the scuffle; there was a large mob, and the mob were again Nardi, for what I could see in general, because he made use of that threat.

Q. Did you keep sight of Nardi from the time that his hat fell off till the time that he went into the cheesemonger's shop. - A. Yes, it was but four or five minutes, there was a great crowd about him, I cannot say whether he gave any more blows after his hat was knocked off.

Q. During the time that Nardi and the man in the brown boat was fighting as you have described, where was Grandi. - A. He was about three or four yards off in the mob, I did not see any violence done to him.

JOSEPH TROTT . I am a cabinet maker. About eight o'clock on the 5th of November in Long Acre, I saw a quantity of people assembled together, there might be fifty, they were just by the cheesemonger's door, some person cried out in the crowd the man has got a knife; then I perceived the prisoner Nardi had a knife in his right hand, he was retreating backwards, and the mob was following of him, I immediately seized him by the right arm with both my hands, his back was towards me, a person in the front of him endeavoured to get the knife from the same hand, he put the knife from his right hand into his left. I did not quit my hold of him till he got into the cheesemonger's shop, I then let him go, and stopped at the door to prevent too much of the crowd going in.

JOSEPH ALEXANDER . Q. How old are you. - A. Fifteen next April.

Q. Do you remember being in Long Acre on the 5th of November. - A. Yes, I saw the prisoner in the sadler's shop, with a paper of Paul on his hat, I believe it was Nardi; this was between seven and eight o'clock. There were about twelve people standing there, I was informed it was something about the election, I went into the shop opposite where I live. In a minute or two afterwards I heard a great noise, and the cry of shoot him, shoot him, repeatedly.

Q. Was it the cry of the people in the street, or the cry of the man in the shop. - A. The cry of the people in the street; there was then a scuffle and fight in the crowd, the people then began to gather round our door, the cheesemonger's door, in which I live, I heard the cry he has got a knife repeated, I ran into my own shop and looked through the window, I saw Nardi with a knife in his hand; as he was moving it about some person said take it from him. He came into the shop, whether he was forced to come in to escape the crowd I could not learn. When he was in our shop I saw him shut the knife, I did not see him searched, I was more particular in minding the shop.

JOHN GRIMES . I am a journeyman coachmaker, I live in Long Acre. On the 5th of November, about eight o'clock, I was standing at the sadler's shop, I saw the deceased and another young man looking in the shop window, the prisoner Grandi was outside of the shop, he told them they had betrer go about their business or the gentleman in the shop would shoot them; Nardi and Grandi were very fantastically dressed with feathers. Nardi came out; and said if they would not go he would shoot them; the deceased said shoot away, one that was with him said shoot and be d - d, then Grandi with a mopstick in his hand pushed him.

Q. Did he push him with the mopstick or with his hand. - A. With his hand. The deceased returned it and pushed him again, Grandi then with the stick struck him across the shins, a scuffle ensued between Grandi and the deceased, the deceased endeavoured to get the stick from him, he got it from him and put it of one side; the deceased fell as he got the stick, and I picked him up. Then he went from me to fight with Grandi again, he fell a second time and I picked him up again; he went from me and I lost him for a few minutes in the crowd.

Q. He did not return to scuffle with Grandi did he. - A. I do not know, I lost him for a few minutes. I saw the prisoner Nardi over the way at a cheesemonger's shop.

Q. You did not see any thing of Nardi till you saw him at the cheesemonger's shop. - A. No, not after he left the steps, I heard several cry out take care, he has got a knife in his hand, and several pushed him into the cheesemonger's shop. I picked up the stick that Grandi had; in Bow street I delivered it to one of the officers.

Cross-examined by Mr. Gurney.

Q. After you saw Grandi fighting with the deceased, you lost the deceased for a few minutes in the crowd. - A. Yes.

Q. And then the first time that you saw Nardi after that was in the cheesemonger's shop. - A. Yes.

Q. During those few minutes that you lost the deceased among the crowd, there was a scuffling going on among among the crowd. - A. Yes.

Court. How long might that time be. - A. Five minutes, perhaps not quite so much.

- BRIDGEMAN. I am a printer.

Q. Are you a relation of the unhappy young man. - A. No, only an acquaintance.

Q. You and he were coming along Long Acre on the 5th of November last. - A. Yes, about a quarter before eight. When we came out of Charles street into Long Acre we saw a mob on the opposite side, upon which we immediately went over. We saw the prisoner Grandi, he was dancing with a mopstick in his hand, he struck the deceased across the shins.

Q. He was dressed whimsical was not he. - A. He and the prisoner Nardi were both very odd dressed, with feathers in their hats.

Q. Let us take the matter up from the beginning, you say he struck the deceased across the shins, what passed between them. - A. I heard nothing pass from the deceased to Grandi. Grandi hit him across the shins, the deceased said I beg you will desist; then Grandi said I have a friend in the shop, pointing to Nardi, who was in the sadler's shop. Nardi came immediately out of the shop to the door and presented, as I thought, a pistol, and said, I will shoot you. The deceased said shoot, I answered and said, shoot and be d - d; a person standing by said take care, he has got a knife, upon which Grandi seemed rejoiced, and began again to flourish his stick, and danced and struck the deceased the second time across the shins, with that the deceased struck him with his fist.

Q. Where was Nardi then. - A. At the shop door. Nardi then run from the shop door and stabbed him in the scuffle.

Q. Was there any scuffle between the deceased and Nardi. - A. No.

Q. Are you quite clear about that. - A. Yes.

Q. Then according to your account, while the deceased and Grandi were scuffling, Nardi did what. A. Nardi ran and stabbed him in his right thigh. Nardi ran from the door immediately after the scuffle began, I saw only that one blow, the deceased cried out immediately I am wounded in the thigh. Nardi then immediately attempted to run towards Drury lane.

Cross-examined by Mr. Alley.

Q. You were a friend and companion of the deceased. - A. I have known him from the latter end of July or the beginning of August. We were shop-mates.

Q. You say Grandi was flourishing the stick, was not Grandi accosted by your friend before he struck him, in this way - are you a woman or are you a man. - A. I do not recollect.

Q. Upon your oath did not your friend make use of that expression the moment he came up to Grandi. A. I did not hear him.

Q. Did not you see him take the stick out of Grandi's hand and throw it on the pavement. - A. I did not.

Q. Did not you hear Grandi cry out that he had been robbed of his stick. - A. No, nor did I see the stick in the deceased's hands.

Q. Were you sober at this time. - A. I was.

Q. You have said some time ago, that some man cried out he has got a knife, Grandi you say seemed rejoiced at it; I have taken it down so. It was dark at this time was it not (witness paused); I can see your disposition very well, was it not dark. - A Almost.

Q. In the dark you could see the man's countenance, by which joy could be observed. - A. He began to dance.

Q. You say there was fighting between the deceased and Grandi, was there not fighting betwixt Nardi and the deceased. - A. No.

Q. Upon your oath did not you see Nardi and the deceased towards each other with their arms extended, as though they were in the act of fighting. - A. No, I did not.

Q. Then you could not see all that passed. - A. I was pretty near them.

Q. Were you in court at the time the other witnesses were examined. - A. I was not.

Q. I am now confining my question to Nardi and the deceased, you say you saw nothing pass between Nardi and the deceased except one blow, did not you see them in the attitude of fighting. - A. I did not, I saw him fighting of Grandi. I have got the deceased's clothes.

Court. The jury do not want a description of that sort; the surgeon who was examined has described the situation of the deceased. Gentlemen, there is no occasion of distressing ourselves with the sight of bloody clothes.

- BACON. I am one of the officers of Bow street. On the 5th of November, I, with some other officers, went to the cheesemonger's shop, I there asked who the man was, he was pointed out; he said to me, are you an officer, I told him I was, he got up and came towards me, his coat and hat were off, I told him I must take him into custody, I felt about him, I could find no knife, and to prevent any further mischief I tied his hands. I gave him into my brother officer's hands, I asked some gentlemen in the shop whether there was any more, some gentlemen pointed out Grandi, I took hold of him, he resisted very much, I took a handkerchief to tie his hands, he was very strong and powerful, I could not easily tie him; by the assistance of some gentlemen I took them to Bow street; the knife was afterwards found by Joseph Baker . I produce some feathers, they were found, I believe, in Grandi's hat, and this medal was found in the button hole of his coat. I took him before the magistrate, and some gentlemen brought the mopstick down.

Q. (to Grimes) Look at that mopstick, where did you find it. - A. I found it in the middle of the road where the scuffle was.

Q. (to Bridgeman) Was it such a stick as that Grandi had in his hand. - A. Yes, it was such a stick as that.

JOSEPH BAKER . I am an officer of Bow street. I searched Nardi at the office, and from the pocket of a coat that was brought into the office, that belonged to Nardi, as a person stated, I found two knives, which I produce. I asked him if this was the knife, a green handle clasp knife, that he cut the young man with, he said it was; he appeared to be in a kind of a rage that he was held in custody. (The knife handed to the court and jury.)

THOMAS BARKER . Q. You are by profession a surgeon. - A. I am house surgeon to Bartholomew's hospital.

Q. How long have you been out of your time. - A. I am not yet out of my time.

Q. How long have you been in the study of surgery. - A. Going on for six years.

Q. How old are you. - A. I am going on twenty-two.

Q. Do you remember when this young man was brought to the hospital. - A. I do. On Wednesday the 5th of November, a little after eleven o'clock at night.

Q. Your were the person that was appointed to examine him. - A. I was, I found he had received a wound across his right arm, just above the bend of the arm; the wound was about three inches in length, or rather better.

Q. Did you probe it. - A. No.

Q. Were you a judge at all of the depth of it. - A. No. The wound appeared to be dressed by a medical man.

Q. Did you observe any other wound on any part of the body. - A. On the right thigh there was a stab about three inches deep.

Q. Did you probe it. - A. Yes.

Q. Your care of that wound in the arm was for fear it would be mortal. - A. It was, I took some of the dressings off, which were wet with blood, I put some fresh dressings on.

Q. Was there a particular effusion of blood. - A. Not then, he appeared to have lost a considerable quantity; he was brought in nearly senseless, some cordials were administered to him, and I left him for the night; what dressings I had taken off I put on others.

Q. Did not you examine the wound in the arm. - A. I did not, it appeared to have been properly dressed, I did not take off all. The next day he was a great deal better.

Q. Had you the sole care of him. - A. I had the sole care of him under the direction of sir James Earle . On Friday he was so much better that I began to suspect that the main artery of the arm was divided; the wound was dressed on Friday and was nearly united. He continued to mend till the Monday following, he was better every day; on Monday I went out of town; on Monday evening, between seven and eight o'clock, he was seized with a bleeding from the arm.

Q. You do not know that from your own knowledge. - A. No, it is only from report. I came to town on Monday night about twelve o'clock, I enquired about him, I did not see him, I found he had been seen by Mr. Abernethy, he had seen him there late in the evening.

Q. To whose care was he left. - A. To the other house surgeon Mr. Lidden.

Q. What may his age be. - A. I believe about twenty, I am not certain. I found that the deceased had been seen by Mr. Abernethy, I was called to him on the Tuesday morning, I was told that he was bleeding again, I went to him directly, this was about nine o'clock in the morning; I found that he had not lost much blood, I examined the wound, and was not able to assert from what vessel the bleeding came. I immediately sent for the nearest surgeon belonging to the hospital, he came di- directly, he proposed an amputation of the arm, but wished to defer it till the arrival of sir James Earle, he was to arrive on that day about half past eleven, and when sir James Earle met Mr. Ramsden the man was dying from weakness.

Q. What did you understand that weakness to be occasioned by. - A. By the loss of blood.

Q. Have you any doubt upon that subject. - A. None in the least, and in about an hour afterwards he died, about half past twelve.

Q. Did you examine his arm after he died. - A. Yes, the incision of the wound was down to the bone, the main artery was completely divided, and two of the principal nerves were divided likewise.

Q. I will ask you, young man, from your observations of all the symptoms, have you any doubt in your own mind that the wound in the arm was the cause of his death. - A. The wound in the arm was the cause of his bleeding, and the bleeding of course was the cause of his death.

Q. Have you any doubt upon that subject. - A. None in the least.

Cross-examined by Mr. Gurney.

Q. I believe the night before he died he bled through the bed, did you find there the next morning that he had bled through the bed on the floor. - A. The sheets had been removed when I came.

Q. Could all that bleeding have taken place if the artery had been secured. - A. Not if it had been tied above and below, except the ligature had given way.

Q. If that had been done would not the man have lived. - A. Yes, provided the ligatures had not given way.

Q. I mean that if the ligatures had not given way, and attention had been paid to him, then you believe the man would have lived. - A. I do.

Q. On Friday when you came there you believed the artery was divided. - A. Yes.

Q. Did you ever examine the wound after the man was dead to see whether the artery was divided or not. - A. Of course not, the man's arm going on so well, and he was so much better.

Q. Did sir James Earle examine it on the next day. - A. Sir James Earle never saw the wound at all, Mr. Abernethy saw him on the Monday.

Q. Then from Wednesday night till the Monday he was left under your care, a young gentleman not out of his time. - A. He was.

Court. The only reason for you not examining the wound to see whether the artery was divided, was you not perceiving any symptom inducing you to believe so, was that your reason. - A. It was.

Q. I suppose if you had examined the wound you might have caused a greater effusion of blood. - A. The man was so faint and weak no bleeding could take place; if I had examined it I should have been obliged to have dressed it up again.

Q. What was the reason that you did not. - A. He was dressed and done up properly, of course I did not think it was right to take it off.

Nardi's Defence. When I came up Long Acre I was quite steady and civil and did not offend any body, I bought a whip and gave five and sixpence for it, there was a great mob about the shop to look at me; when I came out there was five of them, they asked me who I was for, I had a paper sticked in my hat; three Englishmen at a tavern took my hat off my head and put the paper of Paul upon it, I could not read English, so I did not know whether I was for Paul or any body else, and coming out of the shop, I said to the mob if you do not go about your business I will shoot you; directly one of the young men said, I will teach you how to shoot, and struck me very violently on the temples, upon which my eyes struck fire; he gave me a blow on my side, which knocked me down in the gutter in the middle of the street, and there while I was down he gave me a very severe blow in my back, which brought me almost out of my senses.

Court. Who. - A. I do not know; the blow was rather between my back and my ribs, then I called to my countryman, he was within ten of me, I was almost killed, he did not hear me; one, on my calling my countryman, gave me a severe blow on my brain just within the middle of my scull; when I found I was nearly killed the young man that is dead kept striking me, when I was not able to stand upon my legs. His partner said, you Italian, and used a word of very low expression, I am very glad you have met of your match, we'll teach you to shoot us. Then when I found myself so violently beat that I could not resist it, I unfortunately let the knife out of my coat pocket. The knife that I then cut with belonged to a figure maker, because I never carry a knife in my pocket. I have been twenty four years in this kingdom, I never had a knife in my pocket. When the young man came and gave me a violent blow after I had been struck by several of them, I struck him with the knife towards his hand; then not to hurt any body I ran towards the cheesemonger's shop; the master of the cheesemonger's shop he gave me a push of the back, he said d - n you, go about your business, you shall not stay here, he said that I had pistols, I immediately pulled my coat off and my waistcoat, and throwed it in the middle of the shop, he gave me another push, than I sat down on some of the cheeses, I said if I go out into the mob I shall be killed, I will stay here. In two minutes after some of the officers of Bow street came in, one took me by the collar and shook me very violently, I was as quiet as a lamb, I said nothing to him, he took one of my white handkerchiefs and tied my hands, I did not say a word. From there he took me to Bow street office, and then I was as quiet as a lamb, not saying a word. When the magistrate asked me questions, I told him every thing, as I have your lordship.

Grandi's Defence. At two o'clock I was in Argyle street, all alone. I went to Mr. Norcot's house, I met with this gentleman, he told me that he was going to get a box containing some wearing apparel, I went with him to a clothes shop in Little Marylebone lane; this gentleman had a feather in his hat, he asked me if I would wear it I should have it, then the gentleman of the shop said, call tomorrow morning, Mr. Nardi, then you and I will settle, you shall have your property; from there we went to Marylebone street, to an image shop, this gentleman began to change his linen; from there he took two bundles of dirty linen. I had a bundle of my own, that consisted of about twenty pound weight of colour, he gave me one of his bundles, and he had one, we went into Greek-street to Mr. Tournallies Mr. Nardi took this mopstick in a joke; he says to me, lay hold of this stick, we were going to a public house, where all the Italians meet together, we came through the market, and we bought some things to go and cook it for dinner; coming up Long Acre some of the people began to say there's two Frenchmen. This gentleman went into a sadler's shop; I staid outside, ten yards from the shop door, a part of the mob came up to me and said who are you, what are you, a man or woman; I spoke to the mob, pray let me alone, I do not want to have any thing to say to any body. I retired myself very quietly with my big bundle, behind the mob, after Mr. Nardi had been attacked by the mob: I was then ten yards from the place. The mob laid hold of me, my great coat was pulled all to pieces, I do not know who it was done by, they gave me a blow and knocked my hat off, I had a quantity of the mob about me, because I had a feather in my hat; they took the feather away, I halloed out you rob me, you rob me, but I could not speak, five or six of them got hold of my collar and tore it all to pieces; I had a silver medal under my great coat, it was taken from me, I was attacked by the whole mob. Then I was taken to the Police office. This is my box, I had it in my hand, this way.

Nardi. I had a great bundle of clothes, the magistrates desired the man to give it me; that gentleman holds it now.

Baker. I deny it. Pickering the goaler holds it.

WILLIAM DREW . Examined by Mr. Gurney. I am a shoemaker, I live at No. 20, Duke's court, St Martin's. On Wednesday evening the 5th of November, I was in Long Acre about eight o'clock; I saw the two prisoners, Nardi and Grandi, they were fantastically dressed; one of them had a sergeant's sash, and both of them with feathers in their hats; a great many people crowded round them; I saw them first at a colour shop, and then I saw them go to the sadler's.

Q. Do you mean to say that you saw them both, or only one in the sadler's shop. - A. Only one. Nardi was in the sadler's shop, and Grandi waited outside, he had a mopstick in his hand and a bundle under his arm; (the size of that which is before him,) I then saw the deceased and his companion; I saw the deceased address himself to Grandi, I could not distinguish the words, I saw him wrench the stick out of Grandi's hand, and Grandi drew back out into the middle of the road, for fear he should strike him with the stick as I supposed. The deceased and his companion then went to the shop window, when Nardi came out with a whip in his hand and expressed these words, take care, I will shoot you; the deceased and his companion took hold of these words; repeating them saying d - n you, you shoot a man; both of them repeated these words. Nardi then made a shop, he said something what I cannot tell, though I was close to him; there was not a moment elapsed from that, when the deceased gave him two or three violent blows upon the head and face, and knocked him two or three yards; off his hat went one way, and he another, he could hardly keep his feet from falling; the deceased then pushed upon him, seconded by this man or companion of his, into the middle of the road to Nardi; when they went into the middle of the street the mob gathered round them. I staid outside, I could not see then who gave or who received blows; I turned my head round, I saw Grandi standing at the cheesemonger's shop, about fifteen or sixteen yards off the people.

Q. How long did the fighting continue. - A. About two minutes I dare say was the outside. I saw Nardi creep out of the crowd, I think he had been down in the mud, and one of the crowd was exclaiming, he has got a knife; he then got of the opposite side of the way, and stood on the pavement, without his hat, alone; and the deceased, with five or six people round him; we retired to the other side; the deceased's companion had missed him in the scuffle, he halloed out Will, where are you; I believe the deceased then answered, it seemed a faint voice. However in a few minutes he brought the deceased into the road where he then stood, facing of Nardi, and the companion of the deceased, as soon as he brought him up, cried out here is your man, pointing to Nardi, who was then standing on the payment. As soon as Nardi saw him he made a retreat into the cheesemonger's shop, and Grandi who was standing at the door, he went in with him; they had not been in this shop above a minute or a very short space of time, before the companion of the deceased came into the middle of the road, and cried they have stabbed the man, take care of him.

RALPH CHAMBERS . Examined by Mr. Alley. Q. You keep a sadler's shop in Long Acre. - A. I do.

Q. Do you remember on the night we have been speaking of, seeing the two prisoners at your house. - A. One, the prisoner Nardi, I did not observe the other, he was on the outside.

Q. What time was it that you first observed Nardi. - A. Between seven and eight in the evening, he came in, said he wanted to buy a whip, he bought one and gave five and sixpence for it.

Q. Was there any thing particular in his appearance. - A. There was, he had a feather in his hat and a piece of paper, but what was written on it I do not recollect. He told me that he was an Italian, that he had nineteen brothers all in his Majesty's service; after, he said that his brother Robert was at the door, he was a very fine man, and he said I am a very fine man myself. He stepped towards the door, he had the whip in his hand; he said if you hurt my brother Robert me will shoot you.

Q. At that time there was a great many people about the door. - A. A great many.

Q. Had you an opportunity of observing the demenour of those people collected about the door. - A. They did not behave very well, one of them called out, d - n him he his going to shoot us, he had nothing in his hand but the whip, which he held out so; (witness describing it); after Nardi went off the stop of the door, I went out, he said will you enlist, he was surrounded by the people, and they got fighting; one of them was knocked down but I do not know by whom.

Q. You did not see Grandi then. - A. I did not see Grandi then; after he got up they fought across the street; one of them called out are you going to rob me, he called out twice.

Q. Was that after they had been some time fighting. - A. Yes.

Q. You did not see who was fighting. - A. No. In about a minute after that they got fighting across the street again, there were some very hard blows, but by whom I cannot tell, I saw several arms up, some one fell, I do not know who it was. After that they ceased fighting.

Court. Now, sir, if I understand, your evidence is, that this scuffling began after Nardi got out on the pavement, you did not see any body strike Nardi, nor Nardi strike any body. - A. No, nor did I observe what was the cause of this disturbance; he was as pleased as any man in the world when he was in the shop.

VALENTINE CASTELLO ; examined by Mr. Gurney. What countryman are you. - A. An Irishman, a coachsmith, I work for Mr. Chamberlain and Williams in Long Acre, and lodge at a figure maker's in Drury lane. On the 5th of November, about a quarter to eight o'clock, I was coming along Long Acre, I saw Nardi standing in the door way of the sadler's shop, halfway in and halfway out. Grandi was standing outside, to the left of Nardi.

Q. Was there any mob assembled about the door. A. There might be an hundred or more. Nardi had a feather in his hat; I rushed through the crowd and stood on the curb stone of the sadler's door, there were three men standing between me and the door way; I heard this man express a great deal of ill language to Nardi, he had a whip in his hand, Nardi said if you do not go about your business I will shoot you, he immediately pointed the whip towards him. One of these young men that stood before me said to Nardi, d - n your eyes if I had you out, I'd let you know whether you would shoot a man or not; another of the three men that stood with the young man, said, d - n his eyes, pull him out directly; then Grandi, as he stood outside the sadler's shop, the other side the door, he had a stick in his hand, he waved it in this way (holding it up), he said to these people, why do you not let this man go about his business, do you want to rob him, or do you want to make a property of him; then immediately Grandi was shoved off the path into the street. One of these young men rushed from this place, followed Grandi, and wrenched the stick out of his hands and chucked it into the street, they shoved Grandi through the crowd, this young man followed him, he made different blows at Grandi as he retreated through the crowd. Then the crowd rushed towards the sadler's shop again; on my getting there I saw Nardi standing in the street, about three paces from the curb stone, I immediately saw this young man that struck at Grandi, he faced towards Nardi in a position to fight; there were two men stood on each side of this young man, the tallest of them said, go along my good fellow, give it him, I heard other voices exclaiming in the same manner, give it him; the young man struck Nardi, and Nardi made his defence with his hands extended.

Q. Are you able to say whether the man struck at Nardi once or twice. - A. It appeared to me as if he made four blows.

Q. Did the blows appear to reach him. - A. I saw him stagger, his hat was hanging of one side, this young man still following him. I saw him make another blow at him while Nardi was putting his hand to his hat, I saw Nardi fall down, then the crowd closed; it did not enable me to see how he was taken up; the crowd opened in the course of a minute and a half, I saw Nardi come up towards the shop and this young man stood before him. Nardi faced, then they immediately fell to fighting again, they fought nearly into the middle of the street, the crowd then was partly of the other side of the way, and as I came into the middle of the street I happened to shove my hand against a man that was stooping, immediately the man raised he had got Nardi's hat in his hand.

Q. At the time that you saw the blows struck, the three or four blows, were these blows struck by the man that was hurt. - A. That I cannot say, he had a dark coloured coat, apparently to me it was a dark brown.

Court. Were you examined by the coroner. - A. I was not, I was there at the time, I attended while the commission was -

MR. SHELTON. After the jury gave their verdict, several came forward, they did not give their names in nor were they called.

DR. SIMMONS. Q. I believe you are a physician. A. Yes.

Q. Had you an opportunity of knowing the prisoners at the bar. - A. The prisoner Nardi came to me about a year and a half ago, on the 1st of May in that year, he was then in a very depressed state of mind; after seeing him a few times, I saw no more of him till about the month of July in the present year, he was then extremely dangerous; in July his wife told me he had made a great many attempts upon himself. I made her an offer of getting him into St. Luke's hospital, believing him to be a proper object of it. On the 2nd of October I was desired to call at the public office, Marlborough street, to see a poor man that was brought there in a very riotous state; I then saw him again, I told the clerk that I had recommended this poor man's wife to have him taken care of, that I thought him a proper object for the hospital, if they would write to the parish.

Mr. Alley. Your opinion of him is that he is a deranged man. - A. That he is a deranged man.

Court. You thought him a deranged man then. - A. Yes.

ALEXANDER MARSHALL . Examined by Mr. Alley. I live at No. 39, Wigmore street, I am a hair dresser. I have known Nardi about four years, he has lived in my house two years and three quarters, he left it about a fortnight before he was taken in custody.

Q. Has he in the course of last year been afflicted with any mental derangement in your opinion. - A. I think for the last ten weeks, from his mode of going on, he has been out of his mind; he has passed my house almost every day since he has left it, and from his gestures and odd antics that he played, I think that he must be out of his mind. In one respect, to point out his insanity, he was always particularly careful of offending those ladies that employed him; he was a flower and feather manufacturer . He began to dress himself in a fantastic manner, hired horses, rode furiously about the streets, went to several of the ladies that used to employ him, knocked at the door of their houses on horseback, and I have known instances, where the servants did not give him answers that he liked, he used to strike them, which used to alarm the ladies, and those ladies he never would offend if he had not been deranged. In his natural state of mind, before he was afflicted, he was quite the reverse. Within these last two months a vast number of boys used to follow him in the street; as a proof I thought him deranged, about a month before he committed this rash act, he rode furiously up and down the street for a long time, he stopped the horse at a public house to let him drink; two or three neighbours thinking it was a charity to stop him, got an order from the overseer to send him to the Marybone Infirmary; he had the strait jacket put on him, was there several hours, from nine to three, till some that were called his friends hearing of it, somehow or other had him set at liberty that day. The next day I saw him dressed with expensive flowers about his hat. The last time that I saw him and spoke to him was in Vere street on the Sunday before he committed this rash act; he had a tamboreen in his hand, a number of boys were following him. When he saw me he run across the street to me, I endeavoured to persuade him to go with me to where he slept; he said he had just come from there, he had left four hundred people behind him, and none of them could hold him. He gave the tamboreen a blow and away he was off.

Court. Then from this information of his character and conduct, you have no doubt but that he was insane. - A. I have not the least doubt of it.

SAMPSON HODGKINSON . Examined by Mr. Gurney. I am a publican in Wigmore street. Nardi lived at the next door at Mr. Marshall's.

Q. Have you observed any thing particular in his conduct during the last few weeks that he lodged with Mr. Marshall. - A. The first part of his conduct was outrage, and the other part was by dressing himself fantastically with bird of Paradise feathers and artificial flowers; he varied his dress almost every day, and on the day he was taken up I saw him opposite our door dressed up in bird of Paradise feathers, they are worth two or three guineas a-piece. There was another person with him, I cannot say whether it is the other prisoner or no.

Q. What was his character before for humanity. A. I never heard any thing to reproach his character.

ROBERT FISK . Examined by Mr. Alley. I am a bookseller, I live in Wigmore street, close by where the prisoner lived. I have known him very near three years.

Q. Had you an opportunity of seeing him previous to his being taken up. - A. I saw him about four o'clock that afternoon; Grandi at that time was with him dressed in a red sash. Nardi's appearance was singular; he desired me to read him a letter, I desired him to come in the shop, I said, see what a mob your conduct attracts; he put his foot on the step, instantly returned, took up a little boy and held him up in his arms and let him down again. He then came in the shop, and requested that I would read the letter; the letter was from a cousin of his who lived in Kilkenny that Nardi had got me to write to, it was from a poor man, he wanted him to come to town, that he had got some money for him. Before I had read half the letter, he puts up his hands, why, says he, I have got an hundred pound for him; he seized the letter from me, went out of the shop, and presented it to Grandi, down on one knee, and took off his hat.

Q. What really was your opinion of him. - A. That he was in a deranged state, from my knowing him before, and always seeing him conduct himself steady till latterly.

Grandi called seven respectable gentlemen, who gave him the character of a humane, honest, simple, easy, and inoffensive man.

Court. Gentlemen of the jury. This is an indictment against the two prisoners at the bar, John Andrew Nardi and Sebastian Grandi , and the indictment charges them with an offence, the particulars you have already heard, therefore it is not necessary for me to trouble you with it again. It charges them with the joint commission of murder, and the manner in which that wilful murder was committed, was by giving that unhappy man who has lost his life a mortal wound in his arm, of which wound for some time he languished, and then he died. - Gentlemen, if no other grand question presented itself to us for our consideration, and when I state to you I cannot help congratulating both myself and you, that we may spare, in the first instance, that part which is the contradiction of evidence; for with all the pains that we might take, it might illude our utmost pains and sagacity. But, gentlemen, it has turned out in the result of this case, a question has presented itself, which, I think, I may fairly, and without injuring justice, present to you as a first and a preliminary consideration, that before I go into the detail of the evidence, I may dismiss from your minds the charge against Sebastian Grandi . He is charged in the indictment with the same offence as Nardi, and though you should be of opinion that there is no doubt that Nardi has committed this fact, namely, of stabbing the deceased, and if you are perfectly satisfied that he, having so committed that offence, and that the other prisoner was present and in the language of the law aiding and abetting him in the design, then, whatever effect this fatal stroke by the hand of Nardi produced, would be equally ascribed to Grandi; but the circumstance appears to me, and I think I see my way clear, when I state to you that the whole of the evidence goes near to the exculpation of Grandi; and here I cannot help paying my attention to that part of the evidence, namely, the testimony that is borne of the general good character of this man by some of the most respectable characters that are known in society, and when I give him and them the benefit of that evidence, I will repeat what they have said, because they with one mouth have borne this testimony, that his conduct was marked by familiar honesty, the most humane, the most inoffensive of all men. Although we cannot in any degree approve of him lending himself to the fantastical conduct of the man with whom on that day he was companion, yet from the begining to the end, I think you will accompany me with the evidence, that there is no circumstance relating to Grandi that goes to this act of Nardi's; we can make no more of it than he was too easily duped to do this, to dress himself in this fantastical way in which he did. You will recollect from the evidence that somebody did call out in Italian, yet no man has said what that call was; it is reasonable to suppose that when he called in that language, he meaned no more than to call his friend to his assistance. There seems to be an agreement in the evidence of one side and on the other, that this violence was done by Nardi, from his own conception of the moment, either suggested by insanity or passion, or from the malignity of the human heart. - Gentlemen, it would strain the matter too hard if you were to bring this act upon the part of Nardi, and at the same time to conceive that it would extend to the part which Grandi took upon that occasion, there was nothing that would lead them originally into this mischief beyond this, that so many persons were gathered together around them.

Gentlemen, If you are of opinion, that this blow was given by Nardi, it cannot be considered under these circumstances of his being connected, as it were, with Grandi; that he was privy to it, or that he countenanced it first or last, then the consequence will be upon this indictment, neither the crime of murder nor manslaughter can be brought upon him, whatever the result of your verdict may be to Nardi. If he is guilty of manslaughter, then the law says there shall be no accomplice in manslaughter.

Gentlemen, From whatever motive it was done, it appears from the evidence that the prisoner Nardi did inflict this wound in the arm, and that wound was the cause of his death; but the question arises here, whether upon the full and natural examination of evidence, whether you are perfectly sure that this man committed this act out of a deliberate state of mind, without that sufficient provocation that the law would allow, or whether he did it under the pressure of danger. Under these circumstances, not only a foreigner like him, but even an Englishman, under the apprehension of his own danger, we may suppose would do as we suppose him to have done - to have used that fatal instrument.

Gentlemen, If you should be clearly of opinion at the time this fatal stroke was given by Nardi by this instrument, which you have seen, if you are perfectly satisfied that he was under mental derangement, then the law cannot make it the crime of murder. Therefore, gentlemen, this is a most important question to weigh within yourselves, how far the evidence of the prisoner Nardi goes to prove that he was under a derangement of mind: with regard to that, the evidence has so impressed it on our memory, that I consider myself under no sort of necessity in reading it, and the very words of the first witness who is called to speak on the subject, is a man whom every body knows to be a gentleman high in eminence in the medical line - Dr. Simmons.

[The learned judge here went through the evidence on the part of the prisoner.]

Gentlemen, You will give me your verdict whether you are perfectly satisfied that Nardi was deranged in his mind at the time he committed this act or not; you will say whether the prisoner Nardi did this act of murder or no, or whether the prisoner Nardi was insane at the time he did this act. If you are of that opinion you will say so.

NARDI - That he was insane at the time he committed the act .

To be kept in custody until His Majesty's pleasure shall be known .

GRANDI - NOT GUILTY .

London jury, before Mr. Baron Graham.

33. ROBERT COOK , JOHN WHITE , and STEPHEN SHEPHARD , were indicted for feloniously stealing on the 17th of November , three pounds of tea, value 20 s. the property of the united merchants of England, trading to the East Indies .

Second count, the property of persons to the jurors unknown.

(The indictment was read by Mr. Gleed, and the case was stated by Mr. Knapp.)

JOHN YOUNGHUSBAND . Examined by Mr. Gleed How old are you. - A. Sixteen.

Q. You know perfectly well what it is to take an oath. - A. Yes.

Q. What are you. - A. A glut weigher belonging to the customs . On the 17th of November I was employed at Summer's quay, the India wharf , to see the goods safely conveyed from the wharf into the East India Company's warehouses. Shepherd was a cooper , he was employed by the East India company to mend chests as they come on shore. White was a weigher like myself, he was employed by the customs; Cook was employed to mark the numbers on the chests.

Q. Do you mean as a custom-house officer. - A. No; I believe he was a ticket-porter . I cannot say who he was employed by. They were all at work on the 17th of November. About half past eleven o'clock I saw Shepherd the cooper open a chest of tea; I saw him cut a hole in the lead, and take different handfuls of tea, and put it into an hat.

Q. Did you observe what quantity there was in the hat. - A. It was near three parts full; he gave the hat to the prisoner Cook; I saw Cook put an handkerchief over it, and put it down by the ticket-writers desk. After that I saw Shepherd open another chest with an adze in the same manner. I saw him take out some tea, put it in an handkerchief, and give it to White. I saw White leave his station, and run across the wharf up Darkhouse-lane.

Q. Did you see any thing done either by Cook or by White afterwards. - A. No.

Q. Did you see any thing produced by Bolton. - A. I saw Bolton take a white bag from a hole in the ground on the wharf, close by where the prisoners were working.

Q. What did that bag contain. - A. Tea.

Q. Had you ever seen that bag before. - A. No.

Cross-examined by Mr. Gurney.

Q. How many persons were on this wharf at this time. - A. Not very many; two or three coopers besides upon the wharf where the company's goods were landed.

Q. Why did not you call out and tell these coopers at the time. - A. I did not tell them, I told my partner Mr. Bolton.

ROBERT BOLTON . Examined by Mr. Knapp. Q. You are an extra weigher belonging to the customs. - A. I am. White has been employed as a glut weigher, Cook I have seen employed marking the chests before they are put in the scale. On the 17th of November, between the hours of eleven and two, I saw the prisoners Cook and White take up tea repeatedly from off the chest, and off the scale. I saw them go to a place where there is a hole in the wall near to the ground. After that I had some reason to suppose there was something there that should not be. I passed the hole, I looked in, and saw the bag. I immediately turned back to my brother weigher, I told him of it, and that I had every reason to suppose it was tea. In the course of a few minutes I took the property from the hole in the bag.

Q. Did you see what the bag contained. - A. I did not open the bag immediately; I took it, I put it under the the landing writer's box; I put a man over it to watch it, and desired him not to let it go during the time it was there; in about ten minutes I took it away from there; I went to the custom-house with it.

Q. Did you see either of the prisoners White or Cook. - A. Cook was there, and he came to me more than once or twice before I had taken it away from the landing writer's box, he desired me to give him up the bag. He asked me if I would not deliver him up the property? I told him no, by no means, I should not deliver him up the property; there were several more came to me; they appeared to be coopers and labouring men. (Shepherd I believe was present, I do not recollect his coming, he might.) They wanted to take the bag away by force: then just as I was going to take the tea away, White came and asked me if I meaned to take the property away? I told him I did; he told me it was very foolish of me, he thought I might deliver it up, or part of it. I told him no; I made all possible haste I could to Globe-yard with the bag of tea. I there put the bag in my locker, and I delivered the key to James Steel , one of the appointers.

Q. Did you see White, Cook, or Shepherd, after that. - A. Yes; I immediately returned to my station on the wharf, and then I saw both the prisoners, White and Cook.

Q. Not Shepherd. - A. He might be present, but I did not observe him. White came to me, and asked me what I had done with the property, and whether I had taken it to Globe-yard? I told him I had taken care of it; it was immaterial what I had done with it. He said he had some reason to think that I had concealed the property, and not delivered it up. He told me then, if I did not deliver part of the property up to him, he certainly would see that I had taken it to Globe-yard. He said he did not know who would wait there all day, unless they could have a little tea for themselves. On the day after the prisoner Cook abused me in a most shameful manner; he threatened to murder me for taking the property; he d - d me, and asked me what I had done with the bag. I told him it was immaterial what I had done with the bag, I had taken care of it. I asked him what he wanted with the bag; he then told me that he wanted it for the same purpose.

Court. Q. What purpose. - A. To put in tea, I should suppose. He then told me he should be able to alight of me some time or other, and he would certainly murder me.

Mr. Knapp. Q. Upon this you gave notice to Mr. Steel. - A. Yes.

Cross-examined by Mr. Gurney.

Q. White was an inferior custom-house officer. - A. Yes.

Q. You yourself are an inferior custom-house officer. - A. I am an extra weigher.

Q. Were there not at the time this was going on a superior officer on the spot, to whom you might have applied, and ended the dispute in a moment. - A. There was a gentleman in the box at the time, I knew he was there; he is a superior officer, his name is Darnley.

Q. Was it not his duty to attend to these chests of tea. - A. It was.

Q. Were there not other superior officers as well as himself. - A. I do not know that there was.

Q. How near was the box where he was for the purpose of watching the tea to the place where you saw the tea taken away. - About fifteen yards.

Q. Within the found of your voice if you had called to him. - A. Yes.

Q. You could have gone to him in the space of half a minute. - A. Yes, but I did not.

COOK. Q. I was marking the chests of tea; I would wish to ask him whether I put the bag in the hole, or if he saw me put it in. - A. I did not.

Court. He was with White at the same time. - A. He was.

Cook. He says I threatened his life. There were four superior officers, and six cart followers; did any one hear me besides yourself; they all stood as close as we three stand now; if I ever said it they must have heard it.

Bolton. As he put the chests of tea into the scale he immediately wished to throw the chest from him upon my toes; but he said he should wish to handle me otherways.

Jury. You saw them take tea from the scale board and carry it to the hole, was the tea loose on the scale board. - A. Sometimes it is.

Q. Did you see them take any thing out of the chest. - A. No.

WILLIAM CURTIS . Examined by Mr. Gleed. Q. You are a weigher belonging to the custom-house. - A. I am. I was employed on the East India wharf on the 17th of November, with White as partner at the scale.

Q. Were the three prisoners at the bar there. - A. Yes.

Q. I do not know whether you saw the three prisoners at the bar do any thing. - A. I did not hardly notice them. I was present when White came and made a demand of the property to Bolton. He asked him what he had done with the bag he had taken away. I heard White use very rash words.

Court. What do you mean by very rash words. - A. He was saying how he would use him if he did not produce the bag, or let him know where it was gone to. Bolton turned himself round, and goes up the gateway where the company's goods goes up, next to the office of the company. As Bolton went up that way, White sent Young up Darkhouse-lane to see what way he turned; when he got into Thames-street, he desired Young to ran as fast as he could, and see where Bolton turned for. With that he dropped the small weights that he had in his hand, and he ran himself the way that Bolton went.

Q. Did you hear any thing said by the other prisoners. - A. No.

Cross examined by Mr. Gurney.

This was for the purpose of knowing whether the bag of tea was carried to the custom-house, or not; White was a custom-house officer as well as Bolton, and White insisted upon him bringing it back, or else he would have a part of it. Did not White say that he Bolton had been seizing some tea, and he would have a part of it.

Court. He did not say that he had made a seizure of it. - A. No.

Mr. Gurney. Where they not conversing upon it, as tea that had been seized. - A. As tea that had been stolen.

Q. Was the word stolen, used by White or by Bolton. - A. No, not the word stole.

JAMES STEEL . Examined by Mr. Gleed. I am one of the appointers of the weighers of the customs. I appointed Bolton.

Q. By appointing you mean, that they act under your command, as a superior officer. - A. Yes, Bolton was an extra weigher, appointed by me for his day's labour; we have the controul of all the weighers alternately. On the 17th, in the afternoon I received a bag from Bolton, I delivered it to Mr. Goswell.

JOHN GOSWELL . Examined by Mr. Gleed. You are another appointer. - A. I am.

Q. I understand that you received a bag from the last witness. - A. I did, this is the bag, I now produce; it contains about three pound of tea.

Q. What is the value of it. - A. About seven shillings a pound.

ROBERT CARWOOD . Examined by Mr. Knapp. You are an assistant elder, belonging to the East India company. - A. I am.

Q. They have a wharf we understand in Thames-street. - A. They have.

Q. You have seen the tea now produced, that is tea of the same quality that the East India company had in their warehouse at that time. - A. It certainly is, it is hyson tea. On the 17th of November, a number of chests were landed from the company's vessels.

Q. Whereabouts is the value of that tea. - A. That tea would be put up at the company's sale, at four and six pence a pound.

Court. Are these the bags that the East India company use. - A. No, surely not.

WILLIAM HOW . Examined by Mr. Knapp. You are a constable of the city of London. - A. Yes, I took the prisoners in custody, at Summer's quay.

Cross-examined by Mr. Gurney.

Q. When you apprehended them, they were doing their duty. - A. They were doing their work.

Shepherd's Defence. On Monday the 17th of November, there were many chests that came up much broken, we often put up an adze, or any thing in the place that is broken, and after that part is repaired we put the top on again.

Cook's Defence. I have been in the habit of finding employ upon that wharf, ever since the first erecting of it; and for the last fleet of ships that came home, I have been in the habit of marking the boxes; I believe we had four coopers employed on that day, and the foreman of the coopers was there every half hour, (there were two ships that we were at work at there), he hurried me very fast; I believe there might be about forty seven load of tea, we did twenty three on that day, which is a very great day's work; and four officers stood as near as that I might touch them. The chests run in general pretty good, some of them were broken, we had chests leading from the scaleboard three high; and the hole is over these chests, of the other side, so that if we had taken tea to this hole, we must have jumped over these chests; and there were four general land officers. Mr. Lock the excise landing writer, and Mr. Bentick ticket writer, stood out side of the box, where it is said I laid my hat down with the tea, if I had done it, one or other must have seen it.

White said nothing in his defence.

CHARLES DARNLY . Examined by Mr. Gurney. Q. You are one of the landing writers of the customs. - A. I am.

Q. On Monday the 17th of November, were you superintending the East India company's chests of tea. - A. From twelve till three, I was.

Q. Do you remember the three prisoners at the bar, Shepherd being engaged as cooper, White as weigher, and Cook as a marker. - A. I remember Cook and White, but Shepherd's person I do not.

Q. Do you remember of hearing on Tuesday, of some tea being found, on the day before that was charged to the prisoners having stolen it. - A. Yes.

Q. On the Monday you was there from twelve to three, how near were you stationed to the scale that was attended by Cook and White. - A. I suppose about the distance of a yard and a half, not more.

Q. Who had been there before you. - A. Mr. Vine, and at twelve o'clock I relieved him.

Q. For what purpose were you attending from twelve to three. - A. To secure the revenue I had to take the weights from the scale.

Q. To take the amount of so many chests as were put in the scale at one time, and then you enter it in the book; because upon the weights that you take the duty is charged. - A. Exactly so.

Q. Then if any chests is damaged it is the duty of the cooper to mend the chests before they are carried into the warehouse. - A. Exactly so.

Q. During the time you was there, how was Cook and White employed. - A. Cook was employed in numbering and marking the chests. White was to weigh, and give me the drafts.

Q. During the three hours that you were so employed in taking the drafts from White, did you see either of them employed in taking tea by handfulls, or by bags full, or carrying it away. - A. By no means.

Q. During the time you was there, could they have done it, without your seeing it. - A. It is imposible for me to say; the chests were piled three high; and he left me several times, he was relieved by his partner. Cook was employed in marking and numbering the chests as they went into the scale.

Q. Was that done under your eye, so that he could not have gone away, and have stole tea. - A. It was, except between loads, and then he might have been out of my sight.

JOSEPH LOCK . Examined by Mr. Gurney. I believe you are the excise landing writer. - A. Yes; on Monday the 17th of November I was upon the wharf, superintending the landing of tea.

Q. You have to take the weights for the excise duty, the same as the last witness has to secure the custom-house duty. - A. Yes, I was there from nine in the morning to three in the afternoon, I was stationed on the wharf with Mr. Darnley.

Q. Do you remember the three prisoners being there. - A. Very well.

Q. Cook we understand was a marker, White a weigher, and Shepherd a cooper. - A. Yes, Shepherd stood where he usually stands, at the edge of the wharf; I was about two yards and a half from him.

Q. Were there any tier of chests, that hid him from you. - A. Now and then, there was a tier of chests that hid him from me.

Q. Had you the opportunity of seeing White and Cook, from nine to three. - A. Yes.

Q. Then I ask you whether either of them could have been employed in stealing tea from one place, and carrying it to a place to hide it. - A. I should think not, they being before me.

Court. They could not have stole tea without your observation. - A. There were times when my eyes were not always upon them.

Mr. Gurney. How near was Younghusband to you. - A. Sometimes he was almost up to me, and sometimes at different parts of the wharf.

Q. He knew you was an excise officer, a land waiter. - A. Yes.

Q. If he had pointed out to you or Mr. Darnley that they were stealing of tea, should you not have taken them. - A. Certainly I should, it was my duty.

Q. You would have caught them in the very act if he had told you. - A. Certainly I should.

Q. Did you see any thing in the conduct of the prisoners like that of stealing tea. - A. No, I saw them very tractable, and doing their duty.

Shepherd called eleven witnesses, who gave him a good character.

White called three witnesses, who gave him a good character.

Cook called two witnesses, who gave him a good character.

SHEPHERD, GUILTY , aged 34.

WHITE, GUILTY , aged 24.

COOK, GUILTY , aged 34.

Transported for Seven Years .

London Jury, before Mr. Baron Graham.

34. LUCY HUSBAND was indicted for feloniously stealing, on the 6th of November , a silver watch, value 2 l. the property of John Clark ; and WILLIAM HUSBAND , for receiving the same goods, he knowing it to be stolen .

ELIZABETH CLARK , I live in Halfmoon court, Portpool lane ; the watch belonged to my son, John Clark . On the 6th of November I wanted some money; I took the watch to Mr. Page, a pawnbroker, in Liquorpond street, and pledged it for five shillings. When I looked for the duplicate on the 10th, I could not find it. I had put it in a tea chest, there was no lock to it; I went to the pawnbroker's, and told them I had lost the ticket; they told me it was fetched out.

Cross-examined by Mr. Gleed.

Q. Are you sure that you never dropped this duplicate. - A. I am sure that I never took it out of the tea-chest after I put it there. Mrs. Husband drank tea with me on Thursday the 6th of November; she was backwards and forwards till the Saturday; and on the Friday Mr. Husband drank tea with me.

JOHN CLARK . You are the son of the last witness. - A. I was with the officer when the watch was found in the prisoner's room.

JONATHAN TROTT . I am an officer. On the 10th of November in the evening the prosecutor informed me that he had lost his watch. I went with him to the pawnbroker, and got a description of the prisoner Husband. I went to Mr. Hughes, the truss-maker in Holborn, where he worked; I took him in custody, I found a key upon him. I took him to his room, I searched the room all but the bed; I found a number of other things which I brought away, after leaving him in custody of a brother officer; I was bringing the things away, and as we were coming out of the door she (Mrs. Husband) came up to the door; the prosecutor said, that is Mrs. Husband. I then told her I was an officer, I had come to take her in custody. I took her into a public-house there she called God to witness fifty times that she knew nothing of it. There was a parish officer there that told her not to be such a foolish person, but to quietly go with me. She then said, I will tell you the truth, I did not steal it, I found the duplicate, and gave it to my husband to take out. She said the watch was in the bed between the sheets where she had left it.

Q. Then you do not know that the husband had it at all. - A. No.

Q. Nor you do not know that she took it, no more than she told you. - A. No.

- I am a pawnbroker, servant to Mr. Page; on the 8th of November there was a man came to fetch out a watch. I cannot swear to that man; he paid me five shillings and a penny for the watch.

BOTH - NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.

35. WILLIAM HUSBAND was indicted for feloniously stealing on the 10th of November , six truss springs, value 6 s. two pair of dumb bells, value 2 s. and fifteen leather caps, value 2 s. the property of William Hughes .

WILLIAM HUGHES . I am a truss-maker , I live at 217, High Holborn . On the 10th of November, between eight and nine in the evening, Trott the officer came to my house. On the 11th I went to Hatton-garden office, when Trott took me to his apartments, as I believe, where I saw the things stated in the indictment, that I verily believe to be my property. I have a man in court that made some of the things.

JONATHAN TROTT . Q. You are an officer. - A. Yes; I apprehended the prisoner on the 10th of November. I searched the room where he lodged, I sound these things, and knowing the prisoner worked for Mr. Hughes I applied to him.

(The property produced and identified.)

Prisoner's Defence. About six weeks ago last Saturday, there was a young man called at my house; he left a parcel with my wife; when I came home I opened the parcel; the contents were five truss springs. I was to cover them; I have never seen or heard of him since.

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

GUILTY , aged 27.

Transported for Seven Years .

First Middlesex jury, before Mr. Recorder.

36. THOMAS PHILBY was indicted for feloniously stealing on the 7th of November 5 lb. weight of starch, value 3 s. the property of William Randall and John Randall .

WILLIAM PAYNE . Q. What are you. - A. I am a helper in Mr. Seymour's livery stables. I bought some starch of a man in the yard, but who the man was I cannot say. I was very much in liquor when I bought it.

Q. How long ago. - A. I cannot recollect.

Q. What did you give for the starch. - A. To the best of my recollection I gave sixpence and a pot of beer.

ANN PAYNE . Q. Are you the wife of the last witness. - A. Yes, my husband brought a paper of starch home to me on a Friday evening, about a month back. I know no further than he brought it home to me, and he was very much in liquor.

JAMES SHILLITOE . I am clerk to William and John Randall ; they are starch manufacturer s, Prince's street, Lambeth . On the 7th of November I was present when the starch was weighed, and delivered each parcel, which was 500 weight.

Q. Who was it delivered to. - A. I do not know.

THOMAS JONES . I am Mr. Randal's servant. I saw the starch all weighed; it was ten pound short.

RICHARD LIMERIC . I apprehended the prisoner; this starch was delivered. to me by these people.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

36. THOMAS SMITH was indicted for feloniously stealing, on the 8th of November , a bank note, value 50 l , the property of Thomas Pearson .

THOMAS PEARSON . I am a wholesale upholsterer .

Q. What is that boy (the prisoner.) A. I had him as a labourer to pack up goods in the warehouse , and to do other things. On Saturday the 8th of November last I gave my son an hundred pound bank note, with some other monies; I told him to go to the Bank, and get the note changed, he was to pay some part of it to Messrs. Robinson and Simpson, at Hoxton. On the Sunday, at the Cock and Castle, Kingsland , the boy there said that he took the 50 l. note, and put it in his shoe.

WILLIAM PEARSON . Q. You are the son of Thomas Pearson . - A. Yes; I went to the bank, and changed the 100 l. note for a 50 l. a 40 l. and ten ones. I then went to Messrs. Robinson and Simpson's and paid the 40 l. and eight ones, with some other monies to them. I then went home; I went into the warehouse, and laid my pocket book down on the counter. I went from there into the house, and changed my coat; I returned, and missed the pocket book. I asked the prisoner if he had seen my pocket book. He said he had not. I then felt about upon the counter for my pocket book, and amongst some waste paper I found it. I took it up and put it into my pocket. I then went to give my father the change, I gave him the bill that I had taken up, the two ones, and the fifty, as I thought; my father opened them and said there was no fifty; I had put them all together, I saw the fifty was not there; I asked the prisoner if he had seen any thing of it, he said he did not know any thing about it. Then I went to Mr. Robinson to see if I could find it, I could not find it there; I went to the bank, to know whether I was certain of the number of the note; I stopped the payment and came home. I have seen the bill since at Mr. West's, a grocer, in Shoreditch.

Cross-examined by Mr. Alley.

Q. You are the son of the prosecutor. - A. I am.

Q. He has no partner. - A. No.

Q. He had given you an hundred pound, that you were to change, you had not the precaution as others have, to take the number of the note. - A. No, I had a recollection of the number, but not perfectly sure of it.

Q. You went afterwards to the bank, to ascertain what the number was. - A. I went to ascertain whether I was right or not.

Q. When you found that you had lost the note, did not you accuse a respectable young man, did not you say you had dropped it in that office. - A. I did not; I went to Messrs. Robinson, to know if I had dropped it there; not being able to find it, I was willing to try every means.

Q. Therefore in truth you did not know where you had dropped it. - A. I was not certain, I told my father I did not believe that I had dropped it.

Q. You saw it afterwards, I understand. - A. Yes.

Court. You saw the note in your pocket book, at Robinson's - A. Yes.

Q. You thought you might as well go there before you accused any body. - A. Yes.

Q. You did very right; had you taken any thing out of your pocket book from the time you came home, till you gave the notes to your father. - A. I had not; the note was dated the 5th, and I received it on the 8th; it was a remarkable number, and I had a faint recollection of the number.

JOSEPH BUGBER . Q. What are you. - A. I have just left the public line; in October I kept the public house. On the 9th of November, about one o'clock I was at Mr. Barlow's, the Cock and Castle, Kingsland; I was in the kitchen, Mrs. Barlow asked me if I knew Smith, (meaning the boy's father).

Q. Was the boy there then. - A. He was in the tap room, she said there was one of his sons in her tap-room.

Q. Did you know Smith's father. - A. Particularly well, I went into the tap-room, I looked at the boy, I knew him very well, and all the family; I came out, and went in and looked at him again; he then went up the yard where the horse was, and the hostler, I followed him, I asked whose horse that was, the ostler replied his master's, and that the boy's brother had hired it to go to Edmonton; I asked the boy (Smith), which of his brothers, he said George; I said you are wrong there, for your brother George is in the country; he said he made a mistake, it was for his brother William. He then requested the ostler to let him take the horse to Edmonton, to his grandmother, he said his brother would meet him at his grandmother's. I then took him by the collar, I said you and I had better go and see your father, I understand you have a good deal of property about you; then he came out of the back yard with me into the kitchen; there he began very much to kick about; I held him, and Mrs. Barlow took the notes out of his pocket, in a canvass bag, and delivered them into my hand, Mr. Barlow took the numbers down, there were forty nine pound in notes in the bag, and a half crown piece. There were six two's, and all the rest were ones, there was some silver in his pockets; as soon as he was in charge of the officer, I went and informed his father; he is a gardener.

Cross-examined by Mr. Alley.

Q. One would think you was the most accurate man in the world. Did not you make a mistake of two pound in casting up, you made it fifty one pound instead of forty nine pound; you took the two shillings for two pound; I do not want you to keep back any thing, did not you prevail upon the boy, to say that he had found two notes. - A. I believe that was Mr. Pearson's brother in law.

RICHARD BARLOW . Q. You keep this public house, the Cock and Castle at Kingsland. - A. Yes, the prisoner came to my house on Sunday, the 9th of November, about a quarter before one o'clock; he knocked at the door, I went to the door and opened it; he asked for a pot of ale, I told him it was church time, I could not let him have it then, he must stop a bit; and five minutes before one I drew him the ale; I asked him who it was for, he told me it was for the man that was holding the horse; he had the pot of ale, and took it to the door, he came in again, I went to the door, and the man that was holding of the horse, he asked me if I knew young Smith, the prisoner at the bar, I told him I knew him very well, and his father; he said he was rather dubious of this young lad, he did not like to let him have the horse; he took the horse into my stable, the ostler informed me that he had a great deal of money.

Q. You then searched him. - A. Mr. Bugber searched him, he found forty nine pound in notes, and two shillings and six pence in silver.

JOSEPH WEST . I am a grocer, I live in Shoreditch; the boy got change at my house for the fifty pound note; he came to me near eight o'clock, on the evening of the 8th of November, I gave him forty nine pound in notes, and the rest in cash.

Q. You are sure the prisoner is the boy. - A. Yes, I wrote upon the note I received of him, Henry Smith . No. 7, Hoxton town, that is the name he gave me.

(The note produced and identified.)

Prisoner's Defence. Please you my lord, I found the note in the warehouse.

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

GUILTY, aged 13.

Judgement respited .

First Middlesex jury, before Mr. Recorder.

38. RICHARD ASHBY was indicted for feloniously stealing on the 4th of November , ten pound weight of soap, value 6 s. the property of Robert Mote .

The case was stated by Mr. Gurney.

JOSEPH MOTE , examined by Mr. Gurney: My father is a soap manufacturer , North-street, Knights-bridge ; the prisoner at the bar was cooper to my father about three years.

Q. The cooperage is about the distance of twenty paces from the soap house, and it was the prisoner's business to be in the cooperage. - A. It was; and without he was called to the soap house, he had no business there.

Q. On the 4th of November, had you made any observations with respect to the soap, in the soap house. - A. Yes, he used to lay his clothes sometimes in empty hogsheads, and sometimes in an orange chest.

Q. Did you find any soap in the orange chest. - A. I did; between two and three o'clock, I found two pieces of soap about four inches long; about five minutes afterwards I found two whole cakes added.

Q. Did Shelton your clerk go with you the second time. - A. Yes, I handed them over to him, he marked the smaller pieces with his nail across; and the two whole cakes he drove two pegs in, and then we left them exactly as we found them.

Q. Did the prisoner apply in the course of that afternoon for leave to go out. - A. Yes, he wanted to go an hour before his time.

Q. Did you give him permission to do so. - A. We did; when he went out my father stopped him, I saw him brought back.

Q. Did you go back to where the soap was put. - A. I did, I found one piece marked with the cross gone.

ROBERT MOTE ; examined by Mr. Gurney. When the prisoner went out in the afternoon you stopped him. - A. Yes, I watched for him at the window. Instead of going out the usual way he struck through the private house, I directly went out into the street, laid hold of him and brought him into the accompting house; I asked him what he had got, he said I was very welcome to search, I found that he had a slit in his coat, it could not be called a pocket, it would hold only half a cake of soap, I asked him if that was all, he said he had got no more, there was half a cake of soap on the other side of his coat, I felt down his breeches, there was another piece of soap; then he begged me to forgive him.

(The property produced and identified.)

Prisoner's Defence. I was to mend the empty chests that were returned from the country, and unfortunately in one of the chests nailed down from the country I found that soap, which I put in the orange chest. I did not consider them to be my master's property.

GUILTY , aged 47.

Confined One Year in the House of Correction , and publicly whipped .

Second Middlesex jury, before Mr. Recorder.

39. THOMAS TWINEHAM was indicted for feloniously stealing on the 6th of November , two rudder chains, value 7 l. the property of William Moffat , Esquire , and

Two other counts for like offence, only varying the manner of charging them.

The case was stated by Mr. Alley.

THOMAS WALKER ; examined by Mr. Alley. You are a police officer. - A. I am. On the 6th of November, at half past ten at night, I was in a boat along with Warwick. I asked the prisoner what he had got in his boat, he said a log of wood, he got up and shewed it me; I looked into the boat, I saw a rudder chain, I searched the boat fore and aft; I found it under the benches concealed; he said he had it from a ship at Woolwich, he said he was going to carry it to a coppersmith's. I asked him if he had got a note from the captain, or the owner of the ship, he said no; I then took him into my boat, I asked him where he got it, and to tell me the truth; he said he picked it up under the wall of Woolwich. I took him and the chain up to the office; I searched him, he said he had got nothing but money in his pockets; in his pocket I found that knife, and these two forelocks, one is copper and the other is composition metal, they are to fasten into bolts, to fasten on the chain. The bolts were found in the boat.

Mr. Knapp. I suppose if any body had been in the boat they could have seen it. - A. Yes.

ROBERT WARWICK ; examined by Mr. Alley. You are also a police officer. - A. I am. After we brought the chain out of the boat, I heaved the water out, I lifted up the boards and found the shackles. Larway found the bolts.

THOMAS BOYD . I am a gunner. I have the care of the ship the Celia Castle .

Q. Who is the captain. - A. Captain Loch .

Q. Do you know the owner's name. - A. Yes, 'squire Moffat.

Q. You were at Canton in China. - A. Yes.

Q. The ship, rudder, and chain, were repaired there. - A. Yes, I know the chain by this singular shackle.

(The property produced and identified.)

Prisoner's Defence. I was rowing to Woolwich that afternoon with a fare, and as I rowed up I saw it lay just by the water gate.

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

GUILTY , aged 28.

Transported for Seven Years .

Second Middlesex jury, before Mr. Recorder.

40. MATILDA CAHUAC was indicted for feloniously stealing on the 15th of November , a silver soup ladle, value 2 l. 2 s. a silver desert spoon, value 10 s. a silver gravy spoon, value 1 l. a silver desert spoon, value 10 s. a muffineer, value 5 s. three other silver desert spoons, value 1 l. 10 s. a silver tea spoon, value 3 s. three silver table spoons, value 10 s. a silver wine funnel, value 18 s. two other silver desert spoons, value 1 l. a sheet, value 7 s. a shirt, value 10 s. a table cloth, value 10 s. twelve knives, value 6 s. twelve forks, value 6 s. and two shifts, value 10 s. the property of Gerard Scorer . An handkerchief, value 3 s. a waistcoat, value 5 s. the property of Charles Winter Scorer , in the dwelling house of William Masterman , Henry Paters , Thomas Walker , Daniel Mildred , Gerard Scorer , James Maud , and John Masterman .

The case was stated by Mr. Knapp.

GERARD SCORER ; examined by Mr. Knapp. I believe you are one of the partners in the banking house , White Hart court, Lombard street . - A. Yes.

Q. Tell us your partners. - A. William Masterman , Henry Peters .

Mr. Gurney. There is a mistake in the indictment, it is Paters in the indictment.

Mr. Scorer. Thomas Walker , Daniel Mildred , Gerard Scorer (myself), James Maud and John Masterman .

Q. Was the prisoner a servant in your house. - A. Yes.

Q. What parish is it in. - A. Allhallows, Lombard street.

Q. I believe that the whole of the house, except the lower part of the house, which is used as a banking shop, is occupied by you. - A. Yes.

Court. It is your dwelling house is it. - A. Yes, I am the only partner who has their dwelling there.

Mr. Knapp. On the 15th of November was there a fire in your house. - A. There was. I was alarmed a little before twelve, after I had retired. When we got up first we could not find where it was; it was found in the laundry.

Q. What situation of service was the prisoner in. A. As housemaid.

Q. What other female servant had you in the house. A. The other female servant's name is Martha. We found the fire in a closet.

Q. I believe you did not observe the loss of the plate not till after the second fire. - A. No.

Q. You know nothing of the loss of the plate. - A. No, Mrs. Scorer had it under her care.

Cross-examined by Mr. Gurney.

Q. The rent and taxes are paid by the firm. - A. They are.

Q. You all contribute to it in separate proportions out of the business. - A. Undoubtedly.

Q. And all the lower part of the house belongs to the business. - A. Yes.

Q. Then the basement and the ground floor are occupied by the firm, and the upper part of the house is occupied by you. - A. It is.

Q. And the rent and taxes are paid out of the firm. - A. They are.

Q. There is no other person interested in the business besides those you have mentioned. - A. No.

MRS. SCORER; examined by Mr. Knapp. You, I believe, are the wife of Mr. Gerard Scorer . - A. I am.

Q. On the night the fire took place were you alarmed very much. - A. Yes.

Q. On your being called up was your attention called to the buffet where your plate was kept. - A. Yes.

Q. In what room in the house was the buffet. - A. In the parlour.

Q. What time did you go there. - A. It was after twelve that we went there, after the second fire, as soon as it was put out; the second fire did not begin till twelve o'clock.

Q. When did the first fire begin. - A. Before twelve; there were two fires, one up stairs and the other down.

Court. Where did the first fire begin. - A. In a closet in the laundry, and the second fire was in a closet in the parlour.

Q. Was the first fire put out. - A. It was, and after that there was a second fire in the closet in the parlour.

Mr. Knapp. What was in the closet in the parlour. - A. The table linen and the plate was in that closet, the linen was below and the plate was above it.

Q. That second fire was put out. - A. It was.

Q. That led you to see whether the plate was safe. - A. Yes; when the fire was out we were gathering up the things that we missed out of the tray.

Court. Was that tray in the closet. - A. It was.

Mr. Knapp. What did you miss out of the tray. - A. We missed out of the tray a number of things, the plate, in short all the articles mentioned in the indictment.

Q. Having missed these different articles, was the prisoner at the bar with the other maid servant taken up on the subject. - A. They were.

Q. Had you any conversation with the prisoner relative to these things, or did any thing pass between you and the prisoner. - A. After the second fire was put out we went to collect the things together; the tray in which the plate was there were a great many things deficient. I enquired where they were of the prisoner, she said that she had put them in the back closet.

Q. How lately had you seen them before. - A. I had seen many of them in the course of the day before.

Q. Had you seen the soup ladle. - A. No, we had not occasion to use that. It might be some little time before that I saw that, they were all under her care; when she was going to be taken away by the constable she begged that I would not let her go to prison.

JAMES MAUD ; examined by Mr. Knapp. We understand that you are one of the partners of this banking-house. - A. I am.

Q. Before the prisoner said any thing to you, had you made her any promise, or did you threaten her. A. None whatever. On the morning of the 16th of November, the morning after the fire, this is the memorandum of the articles she confessed (witness holding a paper in his hand); I took them down exactly as she told me. On the morning of the 16th after the fire I was called up. I went immediately to the office No. 2, White Hart court; I there found the family in very great confusion.

Q. The family in what house. - A. Mr. Scorer's.

Q. Why do you call it Mr. Scorer's house. - A. Because he occupies the upper part of the house.

Q. Does any family live there but himself and family. - A. None whatever.

Q. I suppose that every one of the other parties have other dwelling houses. - A. Yes, we have.

Q. Does any of the clerks belonging to the banking house sleep in the house. - A. One only.

Q. Now come to the conversation of the prisoner. - A. On the morning of the 16th of November between two and three o'clock, I charged her as to the fire.

Q. How long had the fire been out then. - A. It was entirely out before I was alarmed. I heard that there were several articles of plate missing; she confessed to me to the following articles.

Court. Now Mr. Maud, before you proceed I wish you would tell me what you mean by her confessing to you, what did she say. - A. She told me that she had been insuring in the lottery, that she had borrowed five pound of the cook; from that conversation I asked her where the person lived that she insured with and what was his name.

Q. Now go on to state what she said relative to that paper in your hand. - A. I asked her what be came of the plate that was missing; she fell on her knees and said that she was the most wicked wretch alive. I then asked her what she had done with the plate, she said where it was.

Q. Tell me what were her words. - A. I do not immediately recollect what her language was, she said that she had taken the soup ladle.

Q. Did she say where she had taken it from. - A. No, not from what part of the house; with that she went on to enumerate the whole - a soup ladle, a gravy spoon, a tea spoon, two table spoons, six desert spoons, one sheet and two shifts; I then asked her where they were pawned, she answered at Barker's in Hounsditch in the name of Barnes.

Mr. Knapp. In consequence of this information who went to Barker's. -

Prosecutor. The marshalman went to Mr. Barker's.

Mr. Gurney. (to Mr Maud) She told you that she was a most miserable creature, and that she had insured from time to time. - A. Yes.

Q. She told you that she had pawned these things and that it was her intention to redeem them. - A. She never mentioned a word of that.

Q. Have you any porter that lives in the house. - A. We have a porter, he does not sleep in the house.

Q. The expences of housekeeping are not paid by the firm. - A. No.

JAMES JONES ; examined by Mr. Knapp. You are a servant to Mr. Barker, pawnbroker in Houndsditch. - A. Yes.

Q. Do you know the person of the prisoner at the bar. - A. Yes, I know her very well.

Q. Do you remember her coming to you at various times. - A. Yes, she came in the name of Ann Barnes , she has been in the habit of coming to our shop for four years.

Q. Did she come to you on the 13th of November. - A. Yes. On that day she pledged three desert spoons and a tea spoon for one pound and sixpence.

Q. Were any other articles pledged at the same time. - A. Yes; two table spoons, we lent her a guinea upon them; and a shirt and a table cloth for ten shillings. There are many other articles; they were pledged at different times.

(The property produced and identified.)

Mr. Gurney. (to prosecutor) I believe you received a good character with the prisoner. - A. I did.

The prisoner left her defence to her counsel, called four witnesses, who gave her a good character.

GUILTY, aged 26.

Of stealing to the value of thirty-nine-shillings .

Transported for Seven Years .

Second Middlesex Jury, before Mr. Justice Grose.

41. DANIEL DELWORTH was indicted for feloniously assaulting George Anderson on the 30th of November , putting him in fear, and taking from his person and against his will, a bank note, value 2 l. and a bank note, value 1 l. his property .

GEORGE ANDERSON . Q. Where was you going. - A. I was coming from the Borough side going home to Ratcliff Highway.

Q. What day was it. - A. Last Sunday.

Q. What happened then. - A. A person came up to me and knocked my hat off; after that there came three more and told me to deliver my money, and they put a pistol to me.

Q. Did they bid you deliver the money. - A. Yes, or they would blow my brains out. I was afraid, I hardly could speak. After they had taken my money I was obliged to go home.

Q. Did they take your money. - A. Yes, they took three pounds.

Q. How did they take it. - A. They took it out of my waistcoat pocket; there were four persons upon me, I could not tell who took it.

Q. Then they did take your money did they. - A. Yes they did.

Q. How much was the money they took. - A. Three pounds.

Q. Where was it. - A. In my waistcoat pocket.

Q. Was it money or notes. - A. One two pound note and a one pound note.

Q. What did they do then. - A. They did nothing more, they ran away as soon as they had got the money; they made a grasp at my watch, they broke the chain, but they could not get the watch.

Q. You went home afterwards. - A. Yes.

Q. Where was this done. - A. In Ratcliff Highway, between Old Gravel lane and New Gravel lane .

Q. Was it your own money. - A. Yes, they were my own money.

Q. How came you to have it in your waistcoat pocket. - A. I always used to put things in my waistcoat pocket, I had no other pocket.

Q. You say there were four that did it. - A. There were four.

Q. What time of the day was it. - A. Twelve o'clock at night.

Q. Was it moon light. - A. Moon light.

Q. Could you see the face of the men. - A. I could see the face of the men; the first that came up I took particular notice of.

Q. How long did it last. - A. Not ten minutes.

Q. Did it last so long as five. - A. I do not know how long it lasted.

Q. Look at the prisoner at the bar, is that one of them. - A. He was the first person that stopped me, and knocked off my hat.

Q. Should you know the others if you saw them. A. No, I cannot say I should.

Q. Then the only person that you know is this man. - A. Yes, is this man.

Q. How soon afterwards did you see the prisoner. A. On Monday morning.

Q. Where. - A. I do not know what you call the place.

Q. Was it at the office. - A. Yes.

Q. You saw him at the office before some magistrate, do you know where it was. - A. Close to Shadwell.

Q. How came you to see him again. - A. I went down to look on the Monday morning, as there was such a person picked up in the street.

Q. On the Monday morning where was it that you saw him, was he locked up at the house where you went. - A. Yes.

Q. How did it happen that you saw it. - A. There was an officer bringing him out to shew him me.

Q. Was there any officer came and told you he had found him. - A. Yes.

Q. Do you know who that officer was. - A. That is the officer behind me.

Q. You went for the purpose of complaining of what you had suffered. - A. Yes.

Q. You was robbed on the Sunday night was not you. - A. Yes.

Q. And you saw this person on the next morning. A. Yes.

Prisoner. How do you know me, how do you know whether I was one of the party. - A. You were one of the party, you were the first man that came up.

Court. You know him again by his face. - A. Yes, and by his clothes.

Prisoner. Was it long after I threw off your hat that the other men came up to you. - A. The same minute that you knocked off my hat.

Q. When did you see me afterwards - A. On the Monday morning.

- HARRIS. I am an officer of Shadwell. The young man, the last witness, came to our office last Monday morning, saying he had been robbed, I told him there was a man locked up in the watchhouse.

Q. How long had he been locked up in the watch-house. - A. About half after twelve o'clock the night before. I told him it was not on account of the robbery he had committed on him, it was upon another account, I said that I was going to fetch the man down from the watchhouse, and then he might have an opportunity of seeing him.

Q. What hour was it that the last witness came. - A. About ten in the morning; I brought him down to the office door. When he saw him he immediately said to the prisoner, that is the man that first came up to me.

Q. Did he hear it. - A. They were close together all the time.

Q. What did he say to that. - A. He did not make any answer to that.

Q. Upon that charge you conveyed him before the magistrate. - A. Yes.

Q. Did you search him. - A. Yes, we searched him in the morning.

Q. Did you find any thing upon him. - A. No.

Q. (to prosecutor) Can you tell which of the party it was that put their hand in your pocket. - A. No, that I cannot.

Q. Can you tell whether it was the prisoner or not. - A. I cannot tell, they were all four around me, they wanted to get me down, they could not get me down.

Q. You lost your money. - A. Yes.

Q. You never found it again. - A. No.

Prisoner. I would wish to ask him whether he did not offer to come to make it up for money. - A. No, I did not.

Q. Was I with them when they robbed you. - A. Yes, you were all round me.

THOMAS ELLIOT . Q. You are the watchman of Shadwell parish. - A. Yes.

Q. You know nothing of this matter. - A. I heard some gentlemen crying out Watch about half past twelve last Sunday night; a gentleman gave charge of the prisoner in the name of Jones for an assault in the street.

Q. Where was this. - A. In Ratcliff Highway; between New Gravel lane, and Old Gravel lane. I took this man to the watchhouse.

Q. Anderson, you heard what the watchmen spoke about the place where the prisoner was taken up; was that near the place, where you was robbed. - A. Yes.

Q. Can you be pretty accurate about the time that you was there. - A. I can; it was about twelve o'clock.

Prisoner's Defence. On Sunday night when I was coming out, a woman came along with me; and as I came up New Gravel lane, John Jones ran against me, he was going down the street, he had a parasol in his hand; he said what keeps you out at this time at night. I wanted to go about my business, he called the watch, the watchmen was of the other side of the street, they both came up, and I went to the watch-house, and the moment I was taken to the watch-house, it was only between ten and eleven o'clock.

Elliot. It was half past twelve when I stopped him.

Prisoner. That is not the watchman that took me, he is a big tall man.

Elliot. I am the watchman that took him.

Q. (to Harris) Was that the watchman that brought him to the watchhouse. - A. This is the watchman that brought him to the watchhouse, I was at the watchhouse about two minutes afterwards.

CATHERINE CONNOLLY . Q. How long have you known the prisoner. - A. I have known the prisoner since he was a child.

Q. Are you any relation of his. - A. Not to my knowledge.

Q. What was he. - A. A labourer to any job that he can get.

Q. What has been his character. - A. I never heard any thing indifferent of him till this time, I heard this of him; he lodged with me ever since he left Ireland.

Q. Did he lodge with you before Sunday last. - A. He did, and this three months back.

Q. Did you see him at any time on Sunday last. - I did; I left the house along with him about eleven o'clock at night, to go to a wake.

Q. Did you go with him to the wake. - A. No, we went along the street, till we came near to New Gravel lane; I never saw him insult man, woman, or child, in that way.

Q. Were you with him when the officer took him. - A. I was.

Q. Where did the officer take him to. - A. I left him when he was in custody. I went back home.

Q. How came the officer to take him. - A. I do not know.

Q. Was he doing any thing. - A. I did not see him do any thing, somebody desired the officer to take him, I do not know who it was.

Q. Had he done any thing to the person that desired the officer to take him. - A. Indeed I did not see it.

Q. Is that all you know. - A. Yes.

Q. Now let Elliot stand up; Elliot look at that woman, did you ever see that woman before. - A. I did not see her on that Sunday night.

Q. You took the prisoner did not you. - A. I took the prisoner to the watchhouse, I did not see any thing of that woman.

Q. Can you say whether she was there or no. - A. I did not see her, there were three ropemakers that came up, when I took charge of the man.

Q. Did you see any woman. - A. I did not see any woman at all.

Q. Mrs. Connolly, is that the man that took him. - A. I cannot tell, I knew somebody took him in custody, and carried him to the watchhouse.

GUILTY - DEATH , aged 18.

[ The jury recommended the prisoner to mercy on account of his youth, and this seeming to be his first offence .]

Second Middlesex jury, before Mr. Justice Grose.

42. JOHN TURNER was indicted for feloniously stealing on the 26th of November , a pair of worsted stockings, value 2 s. the property of Robert Thomson .

SAMUEL BANNISTER . I live with Mr. Thomson, an hosier , Middle row, Holborn . On the 26th of November, about two o'clock in the afternoon, I saw the prisoner at the bar go past from one shop window to the other; there was a pane of glass broke in one of the shop windows, he went back towards the broken pane of glass, I suspected him, and I watched him at the glass door that comes to the street; I saw him take out a pair of stockings, he put his hand in through the broken pane.

Q. You saw him take out a pair of stockings, were they inside of the glass frame. - A. Yes.

Q. What did he do when he left the shop. - A. He walked off very deliberately, I do not think that he saw me; I immediately ran after him and caught hold of him, he had the stockings in his hand, I brought him into the shop with the stockings in his hand; my master took them from him, we went immediately to Hatton Garden office with the boy.

(The property produced and identified.)

Prisoner's Defence. My master sent me about some work; coming past Middle row home, I saw a boy drop a pair of stockings, I picked them up in about a yard from where I saw the boy drop the stockings. He took hold of me, I told him I saw the boy drop them.

Q. (to Bannister) Did you see any other boy. - A. There was a boy with him, I saw that very boy (pointing to the prisoner), put his hand in and take the stockings.

The prisoner called one witness, who gave him a good character.

GUILTY aged 13.

Transported for Seven Years .

Second Middlesex jury, before Mr. Baron Graham.

43. JOHN YOUNG was indicted for feloniously stealing on the 11th of November , thirty pound weight of cheese, value 15 s. the property of John Koster .

WILLIAM MOSS . I was working in Charlotte street, about the hour of one in the day; I saw a young man coming a long with the cheese, I saw the prisoner at the bar on his right hand, and another young man on the other side, I saw them both receive it from him; I immediately went to Mrs. Koster, I asked her if she had lost a cheese, she said yes; I ran up Charlotte street and met Mr. Stringer.

Q. Did you find the young man with the cheese. - A. I pursued him into Whitechapel, and from there into Brick lane; about sixty or seventy yards up Brick lane I overtook the prisoner with the cheese.

Q. He was not the young man that had the cheese first. - A. No, I immediately took hold of his coat and took him down to Lambeth street office.

Q. What account did he give you. - A. He said he did not know the man that gave him the cheese.

- STRINGER. On the 11th of November, about one o'clock, coming to the corner of Charlotte street I met Mr. Moss, he asked me if I had seen a young man with a Cheshire cheese, I told him I had, the prisoner and another young man; the other young man had the cheese when I passed him.

Q. You went in pursuit of the cheese, did you find it. - A. We took the prisoner in Brick lane with the cheese upon his shoulder, Mr. Moss took hold of him and I took the cheese; we took them to Lambeth street office.

Q. Did you enquire of the boy how he came by the cheese. - A. He said that Jack the matseller gave him the cheese; there were three helping to carry it, and one had mats a carrying.

(The cheese produced and identified.)

Prisoner's Defence. As I was coming along Whitechapel these two fellows employed me to carry the cheese, they said they would give me a shilling to carry it to Hare street, and they would shew me the house. As I was going along Brick lane these two gentlemen overtook me, and I looked round for these two men, they were both run away.

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

NOT GUILTY .

Second Middlesex jury, before Mr. Justice Grose.

44. MANUEL ANTONIO was indicted for feloniously stealing on the 27th of November , twenty two guineas, four half guineas, and two shillings , the property of Joas Domingues de Arriyo .

JOAS DOMINGUES DE ARRIYO . I was a captain of a Portuguese vessel .

Q. What is the prisoner. - A. A sailor . On the 27th of November last the prisoner asked me to write him a letter, we were at a public house in the neighbourhood; I went with him to my lodgings and there I wrote a letter for him; the prisoner proposed for me to play for a bottle of wine, I consented to play a Portuguese game of cards, I played with the prisoner and lost twelve shillings, or thereabouts, I went to my trunk and took out some more money, and left the key in the trunk; I went down stairs to give orders for the bottle of wine, I gave my landlady four shillings for the wine and two pipes of tobacco. On my returning up stairs I found the prisoner seated on a chair as I left him; we played on a short space of time, when the landlady brought up a bottle of wine, two pipes, and a candle; we drank the bottle of wine, I lost more money than I had about me, then I went to the trunk to get some more money, I perceived the twenty four guineas that I had left in my trunk were gone; I then turned to the prisoner and insisted upon his returning me the money that he had taken, he answered that he had taken no money whatever out of my trunk. I locked the room door and locked my trunk; the prisoner then told me he would make his escape out of the window.

Q. What part of the house was this in. - A. The one pair of stairs. In a short time afterwards the landlady came up stairs with another lighted candle, I desired her to send for a watchman; a neighbour, Mr. Mosely, came up into the room, the prisoner then said that eight of the guineas were his, he had won the rest of the money at play; the prisoner shewed a parcel of money, but returned it in his pocket and said that he was willing to go into custody. Two officers came, who found a parcel of money upon the prisoner, the amount of which I do not exactly know; he then declared the second time that eight guineas was his property, and the rest he won at play, and that he had no more money whatever; the officer made a further search and found ten guineas concealed in his hat, he declared he had won that at play; one of the officers took charge of some of the money and the cards, and the other officer took charge of the other money; on these cards being produced at the office they found them to be false cards; the prisoner said they were his own cards before the magistrate.

Cross-examined by Mr. Gleed.

Q. How long have you been acquainted with the prisoner. - A. The last year.

Q. Have you not frequently played with the prisoner at the same game. - A. Never before.

Q. Do you know a person of the name of Decasto. A. I lived eleven months at his house.

Q. Have you never played at cards at the house of Decasto. - A. With captains and mates of ships.

Q. Was not you and the prisoner playing the greater part of the time that you were in the room, from four to eight, till the constable came. - A. Yes, but there was no person there.

Q. Do you know how the prisoner's pocket came torn. - A. No.

ROBERT COOMBES . I am an officer. On Thursday the 27th of November, a little after seven in the evening, I and Thomas Griffiths were sent for to the captain's lodgings, No. 53, Upper East Smithfield , the captain told us the prisoner had robbed him of twenty four guineas out of his trunk that stood under his bed; I proceeded to search the prisoner immediately. In his waistcoat pocket that was torn, we found in guineas, half guineas, seven shilling pieces, and some silver, to the amount of seventeen pounds five and sixpence; I then stripped him, but could find no more upon him; in a hat that laid on the drawers was ten guineas wrapped up very curiously in a bit of paper, which the prisoner said was the paper he had with the cards; he said the money in the hat was his own, and the other money he had won of the captain at cards; the prisoner said he had been playing with the captain from one o'clock, he had won the captain's money, and the captain caught hold of his waistcoat pocket to take the money out, and tore it, and said if he did not give him the money he would send for the watchman; the prisoner gave me the cards; I produce them, every second card is larger than the other.

Mr. Gleed. Did you find any letter. - A. There was no letter found.

- DECOSTA. I know that the sailor and the prosecutor have been playing together several times at my house, and the last time that they played at my house was a fortnight or three weeks back; I desired them not to play any more cards for money.

Prisoner's Defence. On Thursday morning about half after nine o'clock I went out of my lodgings and went to Mr. Lucas's public house, where the captain was, he had a glass of grog, he asked me to drink, he ordered two more glasses of grog and solicited me to play; I told him I had no cards, the captain sent me to buy them, I bought them at Tower hill, and gave four shillings and sixpence for them.

Court. Were these the cards that were found. - A. I do not know exactly, and the paper in which the cards were I enveloped the ten guineas, and I opened the cards in the captain's presence.

Q. (to Coombes) Were the cards as dirty as they are now. - A. They were; I have had them wrapped up in a clean bit of paper.

Prisoner. The captain solicited me to go to his lodgings as it was quiet; we went from Lucas's shorly after twelve o'clock in the day; when we got in the captain's room, he fastened the door, he told me to take the cards out. I did, and we began to play, the lowest bet was half a guinea, sometimes a guinea and a half, two guineas, and at one time four guineas upon a card. About half after two the captain lost five guineas; he sent for a bottle of wine and two pipes, the captain put the cards in his pocket, he took two letters out of his pocket for me to read, while he went down stairs, he concealed the cards that the mistress of the house might not see them. The captain opened the door of the room, called the landlady, desired her to send for the bottle of wine and two pipes, he left the room door open, and afterwards came in immediately; the landlady brought the bottle of wine and two pipes. He locked the door immediately, hung a coat over the key hole, that they might not look through; we went on playing, I won a bet of four guineas, the captain snatched the money and kept it; I got up and said, I would not play any more; the captain then told me he would give me four guineas if I would play again. I sat down again, but he did not give me the four guineas, then we betted three guineas upon a card, I won, we had a bit of a scramble for the three guineas, the captain got hold of one guinea, and two fell on the ground; I got up again and said, I would not play any more. The captain got up and said that he had lost twenty seven guineas, and desired me to give him fifteen back; I told him I would not give him one back, I told him that I had not won fifteen guineas of him, and that in a former voyage he had won more than fifteen guineas of me; the captain then took the key out of the lock, seized me and tore my waistcoat; I resisted him taking the money from me. He then insisted upon having the whole returned, he called up the landlady, and sent for the watchman.

JEROME DECRATA ; examined by Mr. Gleed. Did you see the prisoner and the prosecutor at any time. - A. I have seen them play together several times, at Decosta's house. I saw the prisoner and the prosecutor at the public house together the day this happened; the captain desired the prisoner to buy a pack of cards, to go and play at the captain's lodgings.

PETER MARCH ; examined by Mr. Gleed. Do you recollect the day the prisoner was taken up. - A. It was on a Thursday, he had eight guineas in a paper in his hand, in the morning he counted them in his hand.

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

45. ELIAS BRUINTON was indicted for feloniously stealing on the 14th of November , five loaves of bread, value 4 s. 7 d. and one basket, value 1 s. the property of John May .

JOHN GRIFFIN . I am a journeyman, a servant to Mr. May. On the 14th of November I left my basket at a shopkeeper's door, near Cripplegate church , while I went to serve the customers; I was gone about five minutes; when I returned I missed my basket, I looked about and saw the prisoner with it going down Fore street, I followed him, took him and gave charge of him to the constable.

(The property produced and identified.)

Prisoner's Defence. I was not guilty of the crime I am charged. I was innocently drawed into it by another journeyman baker , I asked him if he knew of a place, he said he did, he told me he would shew me where it was. As I was going down Redcross street there was this basket, he told me to take it on my shoulder and as I was going up Grub street the man owned the basket, and took me in custody. I thought the other man was behind me.

The prisoner called one witness who gave him a good character.

GUILTY aged 27.

Confined One Month in Newgate , and fined One Shilling .

London jury, before Mr. Recorder.

46. THOMAS CANNON was indicted for feloniously stealing on the 17th of November two blankets, value 5 s. two pillows, value 5 s. two pillow cases, value 3 s. two sheets, value 12 s. one quilt, value 10 s. and one flat iron, value 1 s. the property of Thomas Cook , in a lodging room .

SOPHIA COOK . What is your husband's name. - A. Thomas Cook ; I live at No. 9, Little St. Andrew's street, Seven Dials .

Q. Did you let the prisoner any lodgings in January last. - A. He and his wife came to my house and took the two pair of stairs front room furnished. they were to pay six and sixpence a week; all the things in the indictment I let to them to be used in the lodging.

Q. How long did they continue with you. - A. Till the 17th of November. On the 15th of November he went out under pretence of going to the Bank to draw some money to pay me what he owed; he did not return all the Saturday night, nor until Sunday noon; we took him up, and put him in the watchouse till the magistrate sat, then we returned and broke the door open, and found these articles missing.

Q. When he went away on the Saturday night, did his wife remain in the lodgings. - A. Yes.

Q. Was she in the lodgings when he was taken up. - A. Not to my knowledge. I cannot exactly say when she left it. When we returned she was gone.

Q. When you opened the door you found the things gone. - A Yes; the officer looked in the drawer and found a quantity of duplicates; the prisoner at Bow street gave me three duplicates, he said these were the remains of my property.

Cross examined by Mr. Gurney.

The prisoner's wife was there that morning; she had slept there the night before and you have recovered all your things. - A. Yes.

(The property produced and identified.)

NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

47. ELIZABETH SMITH was indicted for feloniously stealing on the 13th of November , a velvet spencer, value 16 s. the property of George Brown .

JAMES GILLMER . I am a police officer of Queen square. On the 13th of November last between two and three o'clock, I happened to be passing through Holborn ; I saw this spencer hanging at the prosecutor's door, I saw the prisoner unpin one corner of it; then she walked away and left it; it excited my suspicion that she would come again: she returned again, looked at it some time, and then she walked away and came and stood at the same window that I was standing at myself. I walked across the road; she returned to the spencer, and took it completely off. When she had got fifteen or sixteen yards off I stopped her, and took the spencer from her.

Q. Now, Brown, is that your spencer. - A. It is, it hung outside of the door I am a silk mercer .

Cross-examined by Mr. Gurney.

Q. How do you know it is your spencer. - A. Both by the lining and by the outside.

A. In your profound judgment may not other persons have the same lining and the same outside. - A. They may.

Prisoner's Defence. As I was looking at this spencer it came off in my hand; it was very loosely pinned. I should have taken it into the shop if the officer had not taken hold of me; he abused he, and had me stripped in the shop, then he took me to the office and had me stripped again.

The prisoner called one witness, who gave her a good character.

GUILTY , aged 30.

Privately whipped and discharged.

Second Middlesex jury, before Mr. Recorder.

48. JOSEPH EDWARDS was indicted for feloniously stealing on the 24th of November , ten pound weight of iron, value 2 s. 6 d. the property of Thomas Allen .

- WILLIAMS. I am servant to Mr. Allen, a dealer in old iron , North Green, Worship street . Last Monday was a week the prisoner brought in our shop four pound of wrought iron, and five pound of cast, and he looked out two pieces of iron that weighed three pound. I allowed him one for the the other. A person in the shop informed me in the mean time, I was in the back room, he had got twenty pound of iron in his breeches. He pulled out a piece of bar iron, and gave me that. The person then told me that he had had got a dozen or fourteen pound about him. I went after him, and before he got to the top of the green I took hold of him, and he pulls the iron out of his breeches, and puts it into my hand, to the amount that I told you.

JOHN RAY . I was sent for on the 24th to take the prisoner into custody; he acknowledged that he had taken this iron, and that he was sorry for it.

(The property produced and identified.)

Prisoner's Defence. Coming down the passage, near a hundred yards from his door, I picked up three pieces of iron; he takes the iron from me; he goes and packs up what he thought proper, as much as nineteen pound; he put in the scale, he then sent for the officer.

GUILTY , aged 40.

Whipped in goal .

Second Middlesex Jury, before Mr. Recorder.

49. ANN ROSS and MARY SULLIVAN were indicted for feloniously stealing on the 14th of November twenty-eight yards of printed cotton, value 28 s. the property of Parmenter Smith and William Wigan .

SUSANNAH SMITH . I am the wife of Parmenter Smith ; I live at No. 1, Piccadilly .

Q. Has your husband any partner. - A. Yes; William Wigan ; they are linen-draper s. On the 14th of November there was the cry of stop thief. I found that we had lost some cotton that was tied to a string which was attached to the shop window. It being a slippery day the prisoner Ann Ross slipped; I saw the print fall from under her; she had attempted to conceal it under her gown. When they were brought into the shop they accused each other.

Q. Upon your going to the door you saw her drop it. - A. Yes.

Q. You did not see them both together before they were brought into the shop. - A. They were both together.

Q. But you did not see them. - A. No.

WILLIAM HERBERT . I am assistant to Mr. Smith. I was in the shop serving some customers; I heard the cry of stop thief. I instantly ran out to the door; I saw Ann Ross running across the street, she was got as far as Eagle street; she cried out stop thief; I says you are the thief that I want; the prisoner Sullivan went into a house in Eagle street; I stopped till the next witness took her out from there.

THOMAS HILL . I am a waterman; I water the horses at Piccadilly. On the 14th of November, about three o'clock, as I was coming by Mrs. Smith's shop, I heard the cry of stop thief. Ross says I am not the thief; there goes the thief. I brought Sullivan out of the house.

Q. You had never seen them together. - A. I had not.

Ross's Defence. I know nothing about it; they halloed after the people: I went to see what it was. As to the lady saying she saw it fall from me, it is as false as can be.

Sullivan said nothing in her defence.

ROSS - GUILTY , aged 19.

Transported for Seven Years .

SULLIVAN - NOT GUILTY .

Second Middlesex jury, before Mr. Recorder.

50. ELIZABETH JAMES was indicted for feloniously stealing on the 10th of November , a gown, value 7 s. and a half shawl, value 2 s. the property of John Hargreave .

Mrs. HARGREAVE. I live at No. 5, Old Bird's street . I lost my gown on the 10th of November; I left it hung up at the chair back, when my husband came home from his work. Mrs. Sanger told him to look and see if any thing was gone. I looked and said my gown was gone. Elizabeth James was sewing in my place when my husband came home; he asked her if she knew any thing of it. Elizabeth James said that my gown was in her room. My husband went with her into her room for it; she then told him that she had pawned it at Mr. Chandler's.

JAMES JONES . I am a pawnbroker. I live at Chandler's and Bennet's, 244, High Holborn. The gown was pawned by the prisoner at the bar on the 10th of November, for 7 s.

WILLIAM CHAPMAN . I am an officer; the duplicate was delivered to me when I took her in custody; on searching her pocket she endeavoured to shun the half shawl from me, by dropping it down the side of the chair where she was.

(The property produced and identified.)

Prisoner's Defence. This person had been lying in; I was attending of her. She gave me the gown to pledge, and I gave her the money for it. The shawl she lent me in the evening, and my not having an opportunity to give it her, it was found upon me.

Q. (to prosecutrix.) Did you give her the gown to pledge. - A. No, I never heard such a thing named, nor did I lend her the shawl.

GUILTY , aged 22.

Confined One Year in the House of Correction , and fined One Shilling .

Second Middlesex jury, before Mr. Recorder.

51. JAMES MASLIN was indicted for feloniously stealing, on the 14th of November , part of a diamond set in silver, value 30 s. the property of Alexander Lindo , Esq .

The case was stated by Mr. Gurney.

MARY ROBINSON ; examined by Mr. Gurney. I believe you live in the house of Alexander Lindo , Esq. Finsbury square . - A. Yes; he has a house at Finsbury square.

Q. Has the prisoner lived with him as footman . - A. Yes.

Mr. DOBSON; examined by Mr. Gurney. You are a pawnbroker. - A. Yes; I live in Chiswell street.

Q. On the 14th of November last did your young man produce to you that jewel that you hold in your hand. - A. He did.

Q. After he had so produced it to you, did the prisoner call upon you. - A. He did, on Friday the 14th of November, about two o'clock in the afternoon. I asked him if this was the article he brought for sale; he told me yes; he wished me to inform him whether it was a diamond. I asked him to inform me whose property it was; he told me it was his brother's. I asked him where his brother lived; he told me No. 15, Coleman street, he was a cheesemonger. I then told him if it was his brother's property, and he had suffered him to have it to sell, if I was satisfied with that, I would buy it of him. I then sent one of my young men out with him to ascertain if it was truth. Instead of going into Coleman street he went towards Finsbury square. I followed him. I told him I thought he said he was going to Coleman street: he asked me, what was that to me; did I think he was to go which way I chose. I then told him I had not two opinions how he came by the property, and that I should detain him.

Q. When the officers came to search him what was found upon him. - A. A considerable number of duplicates, part of a foreign coin, a paste ring, and one or two castor tops; in his pocket was a letter addressed to A. Lindo, Esq. I said, do you know Mr. Lindo? Yes, he said, he did. I then said, to make the matter short, I suppose you live in his service? He said he did. I went to Mr. Lindo; and after the examination Mr. Lindo claimed it as his property.

JOHN RAY . I am an officer. I apprehended the prisoner.

(The property produced and identified.)

Prisoners Defence. The only excuse that I can make with respect to this diamond, it was a mere accident it was broken off; I never intended to expose it to sale, I only took it there to know whether it was a diamond or not and how I could get it replaced, as my intention was to have got it replaced unknown to Mr. Lindo. I never offered it to sale. Mr. Dobson's young man voluntary offered me two guineas for it. I told him I did not intend it for sale. When he sent his young man to know whether I lived in Coleman street, I did not say Coleman street, I said Coram street. At the same time I went to Mr. Dobsons, I was sent out by Mrs. Lindo to a butcher in Fore street. I had occasion to go there, likewise down Moorfields.

GUILTY , aged 30.

Transported for Seven Years .

First Middlesex jury, before Mr. Common Serjeant.

52. WILLIAM HALSGROVE was indicted for burglariously breaking and entering the dwelling-house of sir William Dunkin , about the hour of eight at night, on the 28th of October , with intent to steal, and feloniously stealing therein three feather beds, value 20 l. three counterpanes, value 2 l. two four-post bed furnitures, value 2 l. 2 s. two looking glasses, value 8 l. one pier glass, value 3 l. two candlesticks, value 1 l. the property of sir William Dunkin ; a cap, value 2 s. a habit shirt, value 1 s. a handkerchief, value 1 s. a pair of sheets, value 5 s. the property of James Nicolls ; five handkerchiefs, value 1 l. a pair of pockets, value 1 s. twenty yards of ribbon, value 5 s. twelve yards of lace, value 1 l. and a cloth wrapper, value 1 s. the goods of Elizabeth Luke , spinster ; and ESTHER SIMONS for feloniously receiving on the same day, one feather bed, value 5 l. a sheet, value 2 s. five handkerchiefs, value 1 l. a pair of pockets, value 1 s. twenty yards of ribbon, value 5 s. twelve yards of lace, value 1 l. and a cloth wrapper, value 1 s. part of the same goods, she knowing them to be stolen .

The case was stated by Mr. Alley

SAMUEL BARRY ; examined by Mr. Alley. I am an upholsterer and house agent.

Q. You know sir William Dunkin ; where was his town house. - A. No. 4, Glocester place, Portman square, St. Mary-le-bone .

Q. Before the gentleman went out of town, did he instruct you to take an inventory of his goods. - A. Yes; in consequence of which I took an inventory.

ANN NICHOLLS ; examined by Mr. Alley. My husband's name is James Nicholls .

Q. You were in the house as servant to sir William, to take care of his house. - A. I was, he left town in the month of August.

Q. On the evening of the 28th of October, did you leave your master's house. - Yes, about seven o'clock in the evening, and I was out till about nine; when I went out I fastened the doors, windows, and every avenue to the house; when I returned I found the door as I left it, but I found footmarks to the door. When I returned, me and my son were sitting in the kitchen, he heard a noise about half after nine. I went up stairs to let my son out; going by the parlour door I found it open; I had left it shut when I went out. I went into the parlour, I found a tobacco pipe by the sideboard, the pipe was rather warm; there was never a pipe in the house to my knowledge when I was there. I was alarmed, I went out and brought in a watchman, we proceeded to search the house.

Q. When you came down the stairs did you perceive any thing on the stairs. - A. We perceived the dirt of men's feet, we proceeded up the stairs, we picked up a match and a candle, the candle appeared to have been recently lit; the man then sprang the rattle, and there were three more watchmen called in; they proceeded to search the house. In the two pair of stairs back room a bed and counterpane was taken away, and a ladies' looking glass, I had seen them there at four o'clock in the afternoon; I found in that room that all the closets had been forced open, and the drawers were all open; they were not locked when I went out, they were close.

Q. When you went out at seven o'clock you left the house without any other person. - A. Yes, I went into the two pair of stairs front room, I found the door, the drawers, and the wardrobe open; I missed out of that room a featherbed and a counterpane; in the top drawer of the wardrobe there was my own wearing apparel, that was all gone, and the sheets on the bed were gone, they were mine. We went into the garret; there was taken from there one feather bed, a coloured quilt; there was a large trunk that belonged to Elizabeth Luke , she was a servant to sir William Dunkin 's daughter, she was in the country at the lady's house. The trunk had been forced open, and all the things were gone. There were in the drawers the furniture of two four-post beds, they were gone. In the front drawing-room the furniture was all safe, and all fastened when I went out.

Q. Was the drawing-room door locked when you went out. - A. Not locked but shut. I found it wide open; I missed from there one large looking-glass over the fire-place, that was a fixture; it had been taken down, and two candle branches that were on the mantle-piece. In the dining-parlour a large pier-glass that was fixed between the windows, that also was gone.

Q. All these things you left safe in the house when you went out, and the house completely fastened in every respect - A. Yes.

Cross-examined by Mr. Knapp.

I understood you to have said in the beginning part of your evidence that all was safe at four o'clock in the afternoon. - A. Yes.

Q. Had you seen these different rooms between the hours of four o'clock and your going out. - A. Yes, when I fastened up the windows between four and five.

Q. Now from the time that you fastened up the windows to the time that you returned, did you go into all these different rooms again. - A. Not before I went out.

Court. They could not have been carried out of the house while you was there. - A. No, I am clear of that.

Q. Then they must have been carried out after dark. - A. I am certain of it.

ELIZABETH LUKE ; examined by Mr. Alley. You are servant to one of these young ladies. - A. Yes.

Q. When you left town with the family did you leave your trunk behind you. - A. Yes, in the back garret.

Court. What did you leave in it. - A. Twenty yards of ribbon, a pair of pockets, twelve yards of black lace, and a cloth wrapper; I called at the house two days before the robbery, I saw all was safe then, and about an hour after the robbery was committed I saw it again; the lock was forced and every thing was gone.

MARY WILKINSON ; examined by Mr. Alley. You live in the same house as the woman prisoner. - A. Yes, in Mary-bone-lane.

Q. What part of the house does she occupy. - A. The one pair of stairs front room.

Q. What business is the woman prisoner. - A. She is a Jewess, I do not know any thing else.

Q. On the evening of the 28th of October did any thing particularly attract your attention. - A. I heard people talking, and things going up stairs, about eight in the evening; I was coming up from the washouse where I had been washing. I saw Mr. Simons standing at the door; he had been standing there a considerable time. I went up into my own room, and stopped some time, and afterwards I heard Mrs. Simons open the door and say hush.

Court. Do you know where the man Simons was then. - Q. He was helping up the men with the beds at that time.

Q. Did you see him helping the beds up stairs, - A. I did not see it, I suppose it must be them, it made such a hustling getting them up; they were helping something up very large, I did not see it. Then the door was shut to, and they were very silent.

Mr. Alley. Do you know of your own knowledge they are man and wife. - A. No.

Mr. Knapp. It is charged so in the indictment.

Court. How long did you hear this noise of carrying the things up. - A. I heard them upon the stairs about five minutes.

Q. Do you know where the man Simons is. - A. I have never seen him since.

Q. Did you see any of the persons who were carrying these things up with Simons. - A. No.

CHARLOTTE EDWARDS ; examined by Mr. Alley. I lived in the next room to Mrs. Simons, up one pair of stairs.

Q. Look at the bar, and tell me whether you have seen that man before. - A. Yes, I have seen him go into Mrs. Simons's room more than once. On the 29th of October I saw a bed taken out of Mrs. Simons's apartment, I heard other things go down.

JAMES KENNEDY ; examined by Mr. Alley. I am an officer of Marlborough street. On the 5th of November I went to search the prisoner's apartment with my brother officers; I found the property belonging to the two servants, and a bed belonging to sir William Dunkin .

JOHN WARREN ; examined by Mr. Alley. You are another officer. - Yes.

Q. Tell us what you found belonging to sir William Duncan . - A. Two feather beds and two sheets.

RICHARD BURTON ; examined by Mr. Alley. You are another officer. Previous to your going to the office you had the woman prisoner in custody at the public house. - A. I had; and while we were there the man prisoner came in. He passed two or three times to Mrs. Simons, and then he went away.

Q. In consequence of something that she said after he left the house, did you pursue him and take him into custody. - A. I did.

Q. When you brought him back did you repeat in his hearing and hers what she said before you left the room. - A. I did; I told him that she accused him, saying, that he was one of the party concerned in bringing the beds, and the other property to her. He denied it, and said it was false. She replied, you know you did, and at the same time you was in my room, you pulled an handkerchief or something out of your pocket, and you dropped a skeleton key. I asked you what it was, you said, it was your own; to this he made no reply.

(The property produced and identified.)

Halsgrove's Defence. I can only state to the court and the gentlemen of the jury, that I know nothing of the transaction. I never had any dealings with the woman at the bar, I know her no further than seeing her in Marybone lane, and as to my ever being in the house that woman resides in, I cannot charge my memory that ever I was, nor was I in the room in the public house where the woman was till I was called there.

Simons left her defence to her counsel, and called no witnesses to character.

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

BOTH - NOT GUILTY .

First Middlesex jury, before Mr. Common Serjeant.

53. WILLIAM HALSGROVE and ESTHER SIMONS stood indicted again of a similar charge .

Mr. Alley, counsel for the prosecution, declining to offer any evidence, they were both

ACQUITTED .

First Middlesex jury, before Mr. Common Serjeant.

54. MARY ANN PICK was indicted for feloniously stealing on the 5th of November , one pair of sheets, value 3 s. the property of Ann Robinson .

ANN ROBINSON I have a house in Petticoat lane , I let it out in lodgings. On the 5th of November, from information, I found one of my room doors open, and the sheets were gone from another woman's bed, on the two pair of stairs room. The prisoner had lodged in the next room near two years.

Q. Were the sheets let to her or the other woman. A. The sheets that were stolen were let to the other woman; the prisoner was asked what she had done with the sheets, she said she knew nothing about them. I went to Mr. Price, Winkworth street, I found they were there.

JAMES WELLAN . I am servant to Mr. Price, pawnbroker, Winkworth street. On the 5th of November, about seven or eight in the evening, the prisoner pledged these sheets in the name of Margaret Prior .

(The property produced and identified.)

Prisoner's Defence. This woman that lives in the adjoining room to me, she came in and asked me if I would take these sheets to Mr. Price and pledge them for three shillings. Accordingly I did.

GUILTY , aged 30.

Confined One Week in Newgate , and fined One Shilling .

First Middlesex jury, before Mr. Recorder.

55. FRANCES MOORE was indicted for feloniously stealing on the 30th of October , a tin tea kettle, value 2 s. the property of Edward Geare .

EDWARD GEARE . I am a brazier , I live at No. 26, St. John street . On the 30th of October I lost a tin kettle from the side of the door, it hung on a nail. From information I went to the prisoner and charged her with taking it; she denied it at first, but when I told her I would send for a constable, she owned she had taken it, and said she had sold it in Golden lane. I went there and found it.

LYDIA HILL . I live in Golden lane, I keep an old iron shop. I bought this kettle on the 30th of October, between three and four in the afternoon, of the prisoner. I gave her two shillings for it.

Prisoner's Defence. I saw the kettle in the street, I kicked the kettle before me, I did not see who it belonged to. I went and sold it to that woman; coming back that young man came and laid hold of me. I told him where I sold it, I was in want of money.

GUILTY , aged 30.

Fined One Shilling .

First Middlesex jury, before Mr. Recorder.

56. JOHN SPENCER was indicted for feloniously stealing on the 1st of December , a sheet, value 5 s. a table cloth, value 5 s. two pair of stockings, value 4 s. four shirts, value 6 s. and a petticoat, value 2 s. the property of Richard Groombridge .

RICHARD GROOMBRIDGE . I am a carrier , I drive the Richmond errand cart. On Monday last about four o'clock I lost a bundle, which I had received from the Angel in Salisbury street in the Strand; the bundle was to go to New street, Knightsbridge.

Q. Where was your cart. - A. At the end of Charles court in the Strand . As I came out of the court, about just as nigh to the cart as I am to your lordship, I saw the prisoner at the bar get out of the cart with the bundle, he went across the road, I pursued him and took him, and brought the basket on my shoulder that contained the bundle; he was never out of my sight till I took him.

(The property produced and identified.)

Prisoner's Defence. I leave myself to the mercy of the court. I have been bred to the sea, I would humbly hope your lordship would let me go on board one of his Majesty's ships again.

GUILTY , aged 40.

Transported for Seven Years .

First Middlesex jury, before Mr. Recorder.

57. GEORGE SWINDLE was indicted for feloniously stealing on the 5th of October , a bullock's head and tongue, value 5 s. the property of John Cook .

JOHN COOK . I am a butcher , I live at No. 1, Broad street, Ratcliffe . On the 5th of October, about ten in the evening I was in the back room adjoining the shop, with my back towards the shop; my wife was standing by the fire with her face towards the shop. I heard a hook fall, my wife said there goes the bullock's head, I ran and saw the prisoner with the head before him, with his arms clasped round it. I over took him, I suppose, at about fifty yards distance, I laid hold of him and brought him back, I told him the head was not his, he did not buy it; he acknowledged it was not. It was an whole head with a tongue, killed the same afternoon.

Q. You are sure it was yours. - A. Yes.

Prisoner's Defence. On the 5th of October I had been out drinking with a parcel of young fellows; coming home I was very tipsy indeed, I had no knowledge of it.

GUILTY , aged 34.

Confined One Week in Newgate , and fined One Shilling .

First Middlesex jury, before Mr. Recorder.

58. JOHN SMALL was indicted for feloniously stealing on the 2nd of April , two hempen sacks, value 6 s. the property of James Hunt .

SARAH HUNT . Q. You are the wife of James Hunt . - A. Yes, my husband is a baker , he lives at No. 10, George row, City road . The prisoner came to my house, I imagine it was in April, I will not be certain of the month or day, for some sacks to bring the shavings in, I did not like to let him have them, but he said that he came from my husband, and then I let him have them; I desired him to follow me into the bakehouse, he took and doubled up two sacks and said that would be sufficient, this was between ten and twelve in the morning. I asked him when he would return them, as I wanted shavings, he said by one o'clock. I never saw him afterwards till I saw him last Tuesday at Worship street office.

Prisoner's Defence. The husband ordered me at the time I carried shavings there to come for the sacks.

JAMES HUNT . I never sent him.

Q. Did you ever see the sacks again. - A. Never.

GUILTY , aged 79.

Confined One Year in the House of Correction , and fined One Shilling .

First Middlesex jury, before Mr. Recorder.

59. JOHN WISEMAN was indicted for feloniously stealing on the 7th of November , a bank note, value 25 l. the property of John Spencer , in his dwelling house .

JOHN SPENCER . I live at No. 15, Sherard street, Golden square , I rent the house. I left home on the 7th of November, between two and three o'clock in the afternoon, and left a twenty-five pound bank note in the charge of a Miss Dawes, who officiates as a confidential servant; I know no more of the note but that I received a letter when I was at Windsor, of its being missing; I returned in consequence, I have since seen it, it has been paid into the bank, but I have not been able to trace it.

Q. What is the prisoner. - A. He is a journeyman tailor .

CATHERINE DAWES . Mr. and Mrs. Spencer was going out of town for a few days, Mr. Spencer left with me a twenty-five pound bank note on the 7th of November; Mr. Wiseman come and asked Mr. Spencer if he would pay him some money that was left on a pair of pantaloons; Mr. Spencer told him he had no change, if he would come in the evening he would pay him, and give him half a guinea that he had promised him as a gift. Wiseman said it would be of very great use to him if he could have it then; Mrs. Spencer desired that I would let the girl go and get change, I was called into the back room, the girl came back and said that she could not get change; she had a piece of paper in her hand apparently like a bank note. At the time that we came back Mr. and Mrs. Spencer went away; I went into the front room and said where was the note.

Q. Who was in the room at that time. - A. Only the prisoner. I looked round and could not find it, I went to the top of the stairs and called to the servant to know where she had laid it, she answered on the card table; I looked for it again, but could not find it on any of the tables in the room; the servant came up and she could not find it. I then asked Mr. Wiseman if he would go after Mr. and Mrs. Spencer and stop the chaise.

Q. You did not suspect him. - A. No. I sent him after them to know whether the servant might not have given it to the mistress in a mistake; he was gone about an hour and a half. he returned and said he had been as far as Kensington and could not overtake them; he went away, and said he would come on the Saturday.

Q. Did he seem distressed for the money. - A. No, not after he had asked Mr. Spencer. On Saturday he came and asked me if I had found the note, I told him no.

Q. You were describing a room where the prisoner was and where the servant laid the note on the card table, where was that room. - A. The dining room, up one pair of stairs.

Q. Had any body been in that room. - A. There had not any one, no one could have gone in without my knowledge.

ELIZABETH OWEN . I am a servant to Mr. Spencer.

Q. Do you remember going with this note of twenty-five pound to get change. - A. Yes, I could not get change, I came back with the note and held it up to my mistress, my mistress went into the back room and said to Miss Dawes, what shall we do; my mistress went down stairs, I went into the front room and put this note on the card table.

Q. Are you certain that you put it on the card table. - A. I am certain of it.

Q. Who was there in this room. - A. Mr. Wiseman.

Q. Any body else. - A. Nobody at all; Miss Dawes was in the back room where I left her; I then cleared away my things from the dinner table and went down stairs; I was called up, I made every possible search and could not find the note.

JOHN PEARKES . I am an officer of Bow street. On the 11th of November I went down to the prisoner's lodgings with Lavender, to No. 3, Seymour place, Chandois street. I searched the prisoner; in his small clothes I found twelve shillings, I asked him if that was all the money he had, he answered yes; I then proceeded to search the two rooms, which were on the ground floor. In the first room I searched and found nothing; I proceeded to the back room and was going to search in a cupboard, where there was a quantity of rubbish, when the prisoner took my intention off by saying, come into this room and I'll shew you money; I went into a room that I had searched before, he took me to a box that I had overlooked, he produced a quantity of pawnbroker's duplicates, saying there is money; he kept me in suspence for a couple of minutes, I then returned to the cupboard from where he had taken my intention off; the prisoner followed me, put his hand over my shoulder, and from behind some rubbish he took this purse and gave it into my hand, saying there is the money.

Q. What did the purse contain. - A. Eight pound in bank notes, two two's and four one's, four guineas, four half guineas; the other side contained a quantity of duplicates, some of them pledged as recently as the 7th of November. I then asked the prisoner who this money belonged to, his answer was, it belongs to myself; he said he had got it by a hit in the lottery, making use of his own expression; he afterwards said he had got a part of it of some persons to make them garments.

Q. Now it was visible to you that he was illuding you not to make this search in the closet. - A. Just so, there was a quantity of rags and filthiness in the closet, there was two poor children nearly naked; and the whole of his apartment was a scene of distress.

Prisoner's Defence. My lord and gentlemen of the jury, with submission I beg to observe, that I am as innocent as a child unborn, of the offence alledged against me. At the time I called at the prosecutor's house, to solicit payment of a small account that he owed me for work that I had done, I had been in business myself twelve years; I have been in the habit of working for the prosecutor many years; sometime ago I was obliged to wait for my money four years; since then I did not give him credit to a large amount. The same time the prosecutor went out of the house, there was the maid servant and the other persons, they told me they had given the note to her master and mistress; and desired me to go after them, which I did, and could not overtake them. I have three young children who are left motherless; I have supported them honestly, and industriously.

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

NOT GUILTY .

First Middlesex jury, before Mr. Recorder.

60. THOMAS CLARK was indicted for feloniously stealing on the 24th of November , a shovel, value 3 s. the property of Samuel Hornsey .

SAMUEL HORNSEY . I am a brickmaker at Hoxton ; I work for Mr. Rhodes.

Q. What is the prisoner. - A. He is a brickmaker . I went to dinner on the 24th of November, at twelve o'clock, I left my shovel and when I came back at one it was gone. The prisoner at the bar owned himself that he took it. On the 26th I found my shovel at a blacksmith's in Kingsland, the blacksmith told me that Clark left it there; we took him on the 27th at his work.

WILLIAM COLLINS . I am a brickmaker, I work for Mr. Rhodes. On the 24th of November, at dinner time, I saw a man go down with the shovel, I did not see him take it away. On the 26th I went to Mr. Prescott's, a smith in Kingsland; I saw this shovel stand in the shop, I asked who brought it there, he told me the prisoner at the bar brought the shovel there; the next day I saw Clark in the fields at work, we took him with the shovel, he begged we would not hurt him, it was his first offence; he meant to bring it back again in two or three days, when he could have got another for himself.

GUILTY aged 20.

Fined One Shilling .

First Middlesex jury, before Mr. Recorder.

61. SAMUEL STEWARD was indicted for feloniously stealing on the 8th of November , five copper plates, value 5 s. the property of Joshua Long .

Second count for five pound weight of copper, value 5 s. the property of the said person.

JOSHUA LONG . I am a copper plate printer , I live in Clement's lane in the Strand . The prisoner was a journeyman to me, he worked for me about two or three months; I have missed plates from time to time, and the prisoner had sold some plates; the person that bought them is here.

JOSEPH BENTON . I am a brass founder, I live at No. 24, Aldersgate street. On the 12th of November, the prisoner brought some copper plates to sell, which I bought; the plates were all scratched or broke I gave a shilling a pound for them.

WILLIAM MINOR . I am servant to Mr. Benton. On the 8th of November, the prisoner at the bar brought part of the copper plates; I weighed them, my master not being at home, he was to call for the money, they weighed two pound and a half.

Q. Are you sure the prisoner is the person. - A. Yes.

(The property produced and identified.)

Prisoner's Defence. The copper plates that are brought here now, and said that I sold them, I never saw them before with my eyes. I have sold copper to Mr. Benton before.

GUILTY , aged 21.

Confined Six Months in the House of Correction , and fined One Shilling .

First Middlesex jury, before Mr. Recorder.

62. JOHN WOOTTON was indicted for feloniously stealing on the 1st of December , a mahogany board, value 7 s. the property of Charles Brewford .

CHARLES BREWFORD . I am a cabinet maker , No. 26, Glocester street, Hoxton . On Monday the 1st of December, I missed a mahogany board, I had seen it on the Thursday before; from information I went to Mr. Hutchinson, the Carpenter's Arms, Kingsland Road, about seven o'clock on Monday; there I saw the prisoner, in possession of a mahogany board which was my property; the prisoner had worked for me occasionally six or eight months.

Q. Had he worked for you on the Monday you lost the board. - A. I saw him in the yard about nine o'clock in the morning, I thought he was going to work.

Q. When you saw the prisoner with this board of mahogany, what did you say to him. - A. I asked him how he came by it, he was very much intoxicated, he could hardly answer, he said several times that he had taken it out to sell; being so intoxicated I left him that night, and ordered the board to be detained; the next morning I had him apprehended.

WILLIAM HUTCHINSON . I am a bird cage maker. Last Monday night about seven o'clock, the prisoner brought me this board, and offered it me to sell, I refused purchasing it of him; I had some suspicion that he had stole it, and soon after his master came.

Prisoner's Defence. When I went to that public house I set the board down on the outside of the house, they told me to bring it in for fear it should be lost; I brought it in, and they joked with me, they said they would give me four shillings for it. I said do you think it is a bit of deal.

(The board produced and identified.)

GUILTY , aged 30.

Confined Six Months in the House of Correction , and Whipped .

Second Middlesex jury, before Mr. Common Serjeant.

63. MARIA CHILDS and ELIZABETH KING were indicted for feloniously stealing on the 21st of November , a feather bed, value 2 l. a bolster, value 7 s. three blankets, value 10 s. two sheets, value 8 s. a quilt, value 3 s. a piece of carpet, value 10 s. two curtains, value 4 s. a candlestick, value 1 s. two napkins, value 1 s. a flat iron, value 1 s. the property of Murthay Riordan , in a lodging room .

ANN RIORDAN . My husband's name is Murthay Riordan , we live at No. 95, Chancery lane .

Q. Were the two prisoners at the bar your lodgers. - A. Yes, they came there on the 1st of November, they took the two pair back room together, and they lodged together, they were to pay five shillings a-week; they continued in the room to the 20th. Their room was very dirty, I asked Mary Childs to let my servant clean it; I had occasion to go up on the 20th of November, I saw the carpet and the looking glass gone.

Q. The looking glass is not in the indictment, were they both in the room when you went up. - A. Maria Childs refused to let my servant clean the room. On the 21st I sent for an officer, he searched the room, and every thing was gone out of the room that was moveable.

JOHN BLUNDLE . I am a constable of the liberty of the Rolls. I went into Mrs. Child's room on the afternoon of the 21st of November, I found Mrs. Childs there and a strange gentleman with her, the gentleman said he knew nothing of Mrs. Childs, he had met her in the street; Mrs. Childs was very much intoxicated, the room was entirely empty, except the bedstead and the straw mattress, a pair of curtains, and a pair of drawers. She at last gave me the key of her trunk; in that trunk I found the duplicates of the property, and I found every thing at the different pawnbroker's but one sheet, which Mrs. Riordan could not swear to.

HENRY HAMMOND FLEMING . I am shopman to my uncle Edmund Fleming , Fleet market. On the 15th of November the prisoner Childs pawned a featherbed at our shop for a guinea and a half. I know her person perfectly well.

WILLIAM PEDDING . I am apprentice to Mr. Land, pawnbroker, 48, Stanhope street, Clare market. I know the prisoner King, she pawned three blankets and a bolster at three separate times, I knew her before. On the 14th of November a quilt I took in of King, a candlestick, six pence, a carpet, three shillings, she pawned that on the 15th of November.

JESSE ALLEN . I am an apprentice to Mr. Fleming, 30, Fetter lane, I know the prisoner King.

Q. Did she at any time pawn any thing with you. - A. She has pawned things at our house. I do not know that I took in these articles of her - two curtains for two shillings, pawned on the 14th of November, a sheet for four shillings on the 4th of November; they were pawned in the name of King. There is two towels in the name of King, and a blanket that was taken in by the foreman, and a flat iron.

Child's Defence. My lord, and gentlemen of the jury, the occasion of my pledging the articles out of my lodgings was not done for any fraud. I was in daily expectation to get remittances; my prosecutrix would have been convinced, if she had given me a little time, I should have replaced them, as I paid my rent. Elizabeth King , who is unfortunately placed in the same situation with me, and charged of having pledged some of the articles, she was an hired servant to me and obeyed my commands.

King's Defence. I had not been with Mrs. Childs near a week, I had been in Bartholomew's hospital, and the first day I came out I sent to Mrs. Childs for a pair of stockings; then Mr. Blundle and the lady came and asked me some questions about the duplicates. I told them what I had pledged.

CHILDS, GUILTY , aged 34.

KING, GUILTY , aged 36.

Confined Six Months in the House of Correction , and fined One Shilling .

Second Middlesex Jury, before Mr. Recorder.

64. SARAH CLIFFORD was indicted for feloniously stealing on the 22nd of November , an half handkerchief, value 6 d. seven napkins, value 2 s. three pair of stockings, value 6 d. and a petticoat, value 3 s. the property of Robert Clayholme .

MARY CLAYHOLME . My husband's name is Robert; I live in Hog lane .

Q. Do you know the prisoner. - A. I never saw her before I saw her at the magistrate's. I lost these things on the 22nd of November, they were in the back yard; the napkins were in a tub of water, the neck handkerchiefs and stockings were dry, hanging on the washhouse window.

Q. Is your house door kept open in the day. - A. Yes mostly; I missed these things between five and six o'clock, I had seen them about an hour before.

MARY BULL . I live at No. 14, Worship-street.

Q. Do you know the prisoner. - A. I know her by seeing her that night, I am positive she is the woman that I saw on the 22nd of November, about half after five o'clock, she was in our passage sorting the wet from the dry; I saw her just as I was going into the door of the house, where I live. I said to her halloa mistress what have you got here, she said they were her own things. There were clothes in our yard all day, I called out to the people above and below stairs, they brought a candle, and the woman knew her; one of the woman of our house said, you hussy, where have you brought these things from, you have no child of your own; the prisoner took them up and was going to make her escape, some neighbour pushed her up to the justice's. Going along she said that she was an unfortunate woman, she was in liquor, she said she could not find the yard that she took them out of.

(The property produced and identified.)

Prisoner's Defence. I leave it to the mercy of the court.

GUILTY , aged 44.

Confined One Year in the House of Correction , and fined One Shilling .

Second Middlesex jury, before Mr. Common Serjeant.

65. WILLIAM MAYON was indicted for that he being servant to Thomas Goding and James Goding , that he being such servant was employed and entrusted to receive money for them; on the 25th of July did receive and take into his possession, the sum of 5 s. on account of his said masters, and that he did feloniously embezle, secrete, and steal the same .

The case was stated by Mr. Alley.

JOHN YOUDALL ; examined by Mr. Alley. You are a clerk to Messrs. Godings; what are their names. - A. Thomas and James Goding ; they carry on the Cannon brewery, at Knightsbridge .

Q. Have you got your books in which you have the entry of the beer delivered to the prisoner on the 25th of July. - A. Yes; the prisoner was drayman .

Q. Was the entry that you have in the book your own hand writing. - A. It is the original. He had ten casks of beer, eight kilderkins, and two firkins of table beer, that were to be delivered to different customers.

Q. When he returned in the evening did he give you an account how he had disposed of that beer. - A. He delivered to Mr. Richardson of Kensington, two kilderkins, one kilderkin to Mr. Taylor of Holland street, Kensington, one kilderkin to Mr. King of Holland street, Kensington, one kilderkin to Mr. Martin of the Gravel Pits, one kilderkin to Mr. Sinclair, North End, Mr. Recorder of Phillimore place, one firkin, colonel Calvert one kilderkin, Hannah Maria a kilderkin, Duchess of Glocester a firkin.

Q. Does there appear any account of a cask delivered to Mr. Freeman. - A. By no means.

Q. Has he ever given to you any sum of money as money received from Mr. Freeman, on the 25th of July. - A. He has not.

Q. What was the price of a nine gallon cask. - A. Five shillings.

Cross-examined by Mr. Gurney.

Q. Are the Messrs. Godings here. - A. I believe not.

Q. Do either of them take any part of the business. - A. They frequently attend and give orders, they are sometimes in the accompting house; I am the only person that ever wrote in this book.

Q. I ask you do either of them attend the accompting house, to transact business. - A. Mr. Thomas Goding examines my cash-book; I am the only accompting house clerk, there are other clerks that attend occasionally; I keep the whole cash account, and I book the drayman's load.

Q. You have no memory at all of that day distinct from any other day. - A. I have not.

Q. After you have written it you do not read it over to him. - A. No, I take the names from him at once or twice calling over.

Q. Therefore if he gives you one name and you write another, a mistake might happen to the best of men. - A. Certainly.

Q. After you have wrote it he does not look it over. - A. He may if he likes.

Q. In point of fact he does not look it over. - A. No, he does not take the time, he signs his name without.

JOSHUA FREEMAN ; examined by Mr. Alley. On the 25th of July last, did you pay the prisoner five shillings on account of his master. - A. I did, here is the receipt, I saw him sign it.

(The receipt read in court.)

Prisoner's Defence. All the money I received for the beer I paid into the accompting house; what beer I delivered every day, I took it at night, or else in the morning, I never saw the account, why not let me sign the account as well as the beer.

Q. (to Youdall) Did you ever receive the money for that beer. - A. Never.

GUILTY , aged 30.

Transported for Seven Years .

Second Middlesex jury, before Mr. Common Serjeant.

66. WILLIAM MAYON was again indicted for feloniously secreting and stealing 5 s. the property of Thomas Goding and James Goding .

Second count that he received the said money on the 20th of August , of one William Guy .

The case was stated by Mr. Alley.

JOHN YOUDALL ; examined by Mr. Alley. How many casks of table beer did the prisoner take out on that day. - A. Five.

Q. On his return in the evening, tell us whether he returned Mr. Guy as the person to whom he had delivered any beer. - A. He did not.

Q. To whom were these casks of beer delivered. A. To Stokes of Kensington one kilderkin, Thornton, Church street, one kilderkin, Rose, Kensington, one firkin, Conn a firkin, and Peacham a firkin. These five casks were delivered to him to serve those who wanted beer; he did not return Mr. Guy as a person that had received beer.

Mr. Gurney. Did he bring any money on that day. - A. He brought five shillings home from Ross.

Mr. GUY; examined by Mr. Alley. I live in Little Chelsea.

Q. On the 20th of August did you receive any beer from the prisoner, and did you pay for that beer on account of his master. - A. I did; me or my wife paid him, I was present at the delivery and at the payment.

(The receipt read in court.)

Prisoner's Defence. All the money that ever I received I paid into the counting house, and I never had any thing to shew for it.

GUILTY , aged 30.

Transported for Seven Years .

Second Middlesex, before Mr. Common Serjeant.

67. DANIEL HARRISON was indicted for that he on the 29th of October , unlawfully and by false pretence did obtain from William Phelan , a bundle of cotton, value 1 l. 18 s. his property, with intent to cheat and defraud him thereof .

Second Count, for that he on the 31st of October , unlawfully and knowingly by false pretence did obtain from him another bundle of cotton, value 2 l. 14 s. his property.

WILLIAM PHELAN . I live at No. 35, Little St. Thomas the Apostle , I am a cotton merchant ; Mr. William Wilby has been a customer of mine for several years, he is a lace manufacturer. The prisoner came to me on the 29th of October last for cotton to the amount of 1 l. 18 s. I gave him the cotton yarn No. 12, and a bill in Wilby's name.

Q. Did he tell you who he was. - A. I knew that he worked for Mr. Wilby several years, I did not know but he did then, he has come several times for Mr. Wilby. On the 31st he came for another bundle, that I believe was No. 32; I gave him that bundle, value 2 l. 11 s.

WALTER WILBY . I live in Little Britain.

Q. Are you a customer of Mr. Phelan's. - A. It is my father's business, I carry it on.

Q. Did you send the prisoner to Mr. Phelan's for any cotton. - A. I did not; it is now two years since we employed him.

Prisoner's Defence. I did not mention Mr. Wilby's name when I went to Mr. Phelan; I had bought cotton of him and paid him myself.

GUILTY , aged 33.

Confined One Month in Newgate .

London jury, before Mr. Recorder.

68. GEORGE WILLIAMS was indicted for that he on the 27th of October one piece of false and counterfeit coin, made to the likeness of a good shilling, unlawfully, unjustly, and deceitfully, did utter to William Angers , that he at the time that he so offered the said piece of money, then and there well knew it was false and counterfeit, and that he at the time had about him in his custody and possession one other piece of false and counterfeited money made to the likeness of a good shilling, he well knowing it to be false and counterfeited .

The case was stated by Mr. Knapp.

WILLIAM ANGERS ; examined by Mr. Knapp. You are a pawnbroker living in Fleet street . - A. I am, in Mr. Parker's shop, No. 174.

Q. Do you remember the prisoner at the bar coming to your house. - A. Perfectly well. On the 27th of October he applied to redeem a watch that was in pledge for seven shillings, he laid down six shillings in silver and fifteen pence in copper; upon examining the money four of the shillings appeared to be bad, I told him they were bad, and I asked him if he had any more; he said he had got two shillings more in his pocket which he could change, but he had taken the whole in change of a note at a public house in Marybone, but the house he did not know. Afterwards, when he was questioned, he said he had taken them in change of a seven shilling piece; he then said if I did not like them he had other money; he pulled out his pocket book and shewed me notes and gold, and there was likewise two shillings in silver in his pocket book; I told him I must be satisfied before I let him go that he had no more bad money about him. I immediately sent for Mr. March the ward beadle, he searched him; in his waistcoat pocket he found seven shillings more, which appeared to be all bad; I marked the four shillings and delivered them over to Mr. March.

Cross-examined by Mr. Gurney.

Q. You had not seen his person before. - A. No, he appeared to have been drinking, but not so much as not to know what he was about.

WILLIAM MARCH ; examined by Mr. Knapp. You were sent for on this occasion to Mr. Parker's. - A. I was; Mr. Angers delivered the four shillings to me, I produce them; I searched the prisoner, he told me he had no more bad money about him; I put my hand into his waistcoat pocket and pulled these seven shilling pieces out, just as I produce them.

WILLIAM PARKER ; examined by Mr. Knapp. You are acquainted with money and you attend upon these occasions. - A. Yes.

Q. Looking at these four shillings are they counterfeit or not. - A. They are counterfeit.

Q. Now look at these seven other. - A. They are also counterfeits.

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

GUILTY .

Confined One Year in Newgate , and at the expiration of that Time to find Sureties for Two Years more .

London jury, before Mr. Recorder.

69. JOHN EDWARDS and SAMUEL RILEY were indicted for a conspiracy .

WILLIAM FREWIN . I am a gardener , I live in Church lane, Chelsea. On the 24th of October, between two and three o'clock, I brought a horse to sell at Smithfield market , I met William Steel whom I bought it of, he promised to exchange it for a poney, he did his best endeavour but could not do it for me; John Edwards hearing that I wanted to change it for a poney, he told me he would give me four guineas and a half or a poney in exchange; I delivered him the horse, and he gave me this note to the amount of four guineas and a half, he said it was as good as money, I could be sure of getting money for it; he promised to meet me the next morning at the Lock and Key, Smithfield, he never came nigh me nor could I find him; then I went to Hatton Garden and told them my case, and they were brought forward.

Q. What did Riley do in this business. - A. He drawed this note up.

THOMAS CARTER . I was in Smithfield at the Lock and Key, John Edwards asked him if he had a horse to sell, he said yes; he asked him what he wanted for it, he told him four guineas and a half, he said very well, he would give it him then; when he came into this public house he gave him this writing for four guineas and a half; Riley was sitting in the room, Edwards asked him to write the note, and he did.

BOTH - NOT GUILTY .

London jury, before Mr. Recorder.