Old Bailey Proceedings.
4th December 1771
Reference Number: 17711204

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Old Bailey Proceedings front matter.
4th December 1771
Reference Numberf17711204-1

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THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY OF LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 4th, Thursday the 5th, Friday the 6th, Saturday the 7th, Monday the 9th, Tuesday the 10th, and Wednesday the 11th of DECEMBER, 1771.

In the Twelfth Year of His MAJESTY's Reign, Being the First SESSION in the MAYORALTY of The Right Honourable William Nash , Esq. LORD-MAYOR of the CITY of LONDON.



Sold by S. BLADON, at No. 28, in Pater-noster-Row.


King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM NASH , Esquire, Lord Mayor of the City of London; RICHARD PERROT , Esq. * one of the Barons of his Majesty's Court of Exchequer; Sir RICHARD ASTON , Knt. + one of the justices of his Majesty's Court of King's Bench; JAMES EYRE , Esq. Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, for the said City and County of Middlesex.

N. B. The *, +, and ++, refer to the Judges before whom the Prisoners were tried. L. London, M. Middlesex Jury.

London Jury.

* Richard Matthew

* David Montague served part of the time in the room of Richard Matthew .

James Adams

George Bayley

John Buxton

William Hardy

James Birt

William Tucker

Frederick Barnard

Peter Thornton

Anthony Burgess

Benjamin Holmes

Samuel Simpson .

Middlesex Jury.

John Gregory

William Houghton

James Wingfield

+ Charles Churchman

Henry Williams

James Grindley

Thomas Greening

+ John Davis

+ Dormer Hefford

+ John Bell served part of the time in the room of John Davis ; Thomas Dicker , in the room of Dormer Hefford ; and James Simpson , in the room of Charles Churchman .

George Puller

William Darling

William Hocker .

4th December 1771
Reference Numbert17711204-1
VerdictGuilty > lesser offence

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1, 2. (M.) THOMAS OGILBY , and RICHARD COLEMAN , were indicted for breaking and entering the dwelling-house of Susanna Jones , widow, on the 14th of November, about the hour of seven in the night, and stealing one silver pepper castor, value 15 s. one silver cream-pot, value 12 s. four silver table spoons, value 20 s. one pair of paste shoe-buckles, value 20 s. one pair of steel scissars with silver bows, value 5 s. and one black silk cloak, value 7 s. the property of the said Susanna, in her dwelling-house . +

Susanna Jones . I am a mantua-maker , and live in King-square-court, Dean-street, Soho . I was in the kitchen with my sister and Frances Woodward , on the 14th of November . The parlour windows were shut up at four o'clock; the street door was shut. Frances Woodward said she thought she heard a noise over-head. I got up and opened the kitchen door. As soon as I had done that, I heard feet over-head. I was much frightened, and screamed out immediately. Upon that I heard them run along the entry; there were several feet. I heard them pull back the bolt of the street door, and let themselves out. Then I went up stairs, and into the street, and call'd out, Stop thief! I did not see them, for they were gone out at the door before I got up stairs. I found the parlour door open, and the closet door, in which the plate was kept, was open. There was taken out of that closet a silver pepper castor, a silver cream-pot, and four silver table spoons. A drawer in the bureau was open, out of which the scissars and the buckles were taken: they took them out of the cases, and left the cases. I had seen them before that day. This pepper castor (producing it) is mine.

Q. Is it mark'd?

Susanna Jones . No, but there is a bruise on the foot that I know it by.

Sarah Chartier confirmed this Evidence.

Francis Woodward . I heard the noise first. I told Mrs. Jones of it; she went up stairs and scream'd out, as she has mentioned. I shut the door myself, and single-lock'd it. I observed the next morning that there was a piece of the door broke off just at the lock.

Thomas Crompton . I was coming home with Mr. Life. Just as we came against King-square-court, I saw three people running very fast. We heard the cry, Stop thief! and immediately we pursued them. We just lost sight of them when we came to the corner of Queen-street. We asked a green-woman if she had seen three men run by. She said they were just gone down Queen-street. We went down Queen-street, and then we saw the same three man again; they were standing together in a cluster.

Q. Are you sure they were the same three men?

Thomas Crompton . Yes, they stood under a lamp. Mr. Life seiz'd two of them; they struggled, and one got away from him; and just at that time I heard something drop from Coleman. Life had hold of him. I ask'd, what has he dropt? Mr. Life stoop'd and pick'd up this cream-jug (producing it). It was Coleman dropt it. Mr. Life felt down him, and ask'd him if he had got any more of these things about him. Then I left him, and pursued Ogilby, the other prisoner, and Mr. Pearce stopt him. Ogilby, when he came to the watch-house, said he was very faint; he desired to sit down at the watch-house door, as the watch-house was shut; and this pepper-box was found next day, as I am informed, in the place where he sat. (The cream-jug deposed to by the prosecutrix.)

Q. Are you sure that Ogilby is the lad that got away from Life?

Crompton. I am not clear in that, he is one of the three.

John Life . As I was coming up Dean-street about half an hour after six o'clock, I heard St. Ann's bell ring before I came to it; when I got to the Highlander, which is three doors from Mrs. Jones's, I saw the two prisoners and another run by; I knew them as soon as I saw them; I had seen them at the justices before. I had often seen the three together. I am sure the prisoners. were two of them. As soon as I saw them I said to Crompton, they three have been doing no good; the words were not out of my mouth before I heard a woman crying, stop thief! I said to Crompton, you can't run so fast as me, but follow me that they may may do me no injury. When I came to the corner of Queen-street I lost fight of them. I asked a green woman if she had seen three men run by; she said they were just gone down the street; as soon as I had turned the corner I saw them before me. When I came just by Mr. Hammond's, the Glazier, in Greek-street, they were all three standing together. I said nothing but immediately caught hold of two of them; I had not fast hold of one; he got from me and run down the street,

I kept the other fast, which is Coleman; they all three stood so close together that I can't say whether he that got from me was Ogilby, or the man that got clear off. I am sure Ogilby. was one of the three. Mr. Crompton called out, stop thief! and one Mr. Pearce stopt Ogilby. He was about seven or eight yards behind the other. I asked Coleman what he had stolen; I saw something in his hand; I took hold of his wrist and immediately he dropt something, I stoopt directly and picked up this cream pot. (Produced and deposed to by the prosecutrix.) They declared at the watch-house that they were strangers to each other. I told them that I knew them well; Ogilby sat down on the stop at the watch-house door, and said he was saint; the pepper-box was picked up near the place where he sat.

John Pearce . I was coming from Covent-garden play-house, where I had been to keep a place for my master; when I got into Greek-street, I saw two men running as fast as they could; I secured Ogilby; he was behind the other. While he was sitting upon the step at the watch-house door, he tumbled his cloaths about; I bid him sit still; he said I had pulled and hawled his clothes about, and he wanted to set them right. The Man that found the pepper-box shewed me next day where he found it, and it was near where the prisoner sat.

John Farley . On the 15th of last month I found this silver pepper-box just behind the stone; I showed Pearce where I found it; it was about a quarter after eight in the morning, when I found it. This is the pepper-box, Mrs. Jones has had it ever since.

Coleman's Defence.

I was going about my business; I passed two men; this man came up to me and catched hold of my collar, and of another man's coat. I don't know who that man was; something fell upon the ground; then he said, what have you got; and he let the other man loose while he picked up the cream pot; then he said it fell from me; I told him I knew nothing of it.

Ogilby's Defence.

I am servant to one Mr. Jones, a distiller, in Duke-street, St. James's; my master sent me to Oxford-market for a leg of mutton. I staid rather above my time, so I was making haste home. I heard a great disturbance in Soho. square; so I went to see what was the matter, then that man seized me, and said, you are one of them. I said I would go with him: they searched me at the round-house, and found nothing upon me.

One of the jury. My Lord, there is no distiller lives in Duke-street.

Ogilby. It is in Berry-street.

Jury. There is never a distiller in that street.

Both guilty of stealing only . T .

4th December 1771
Reference Numbert17711204-2
VerdictsGuilty > lesser offence; Guilty > lesser offence
SentencesTransportation; Transportation

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2. (M.) NICHOLAS MOORE was indicted for breaking and entering the dwelling house of John Marshall , on 7th Nov. about the hour of eight in the night, and stealing one linnen gown, value 10 s. the property of the said John Marshall , in his dwelling house . *

Ann Marshall . I am wife of John Marshall . We live in John street, Tottenham-court-road . As I sat in the kitchen on the seventh of November , about eight at night, I thought I heard a jump from the window; I put a child into the cradle that I had in my arms, and went immediately up stairs. I went first to the closet and saw my plate was safe; I heard a rustle against the wainscot in my bed-chamber, which is on the same floor; I went into the bed-chamber, and the prisoner rushed upon me, and said d - n you, don't speak; we had a tussel together in the passage, but I held him till the constable came, which was very soon, as he lived but a few doors off. The window-sash was up and the shutter was pushed to; I had left a gown upon the bed at full length, and I found it in a chair, rolled up; I asked him what business he had in the room? he said a boy threw his hat in at the window, and as the window was open he came in to get it. I had been there about three hours before; my cousin, Mary Coote , was looking out of the window before it was dark; she and I came out of the room together, she pulled the sash down and locked the door when we left the room.

Q. Was it dark or light when you heard the noise?

Ann Marshall . It had been dark a great while.

Mary Coote . I was up in the room about five o'clock; I pulled the sash down, then I

locked the door; it was about eight when we heard the noise.

Prisoner's Defence.

I was going by this house; the window was open; a boy in the street pulled off my hat, and threw it in at the window; I knocked at the door twice, but nobody came, so I got in at the window in order to get it. I am but 16 years old.

Guilty of stealing only . T .

He was a second time indicted for breaking and entering the dwelling house of Samuel Philips , Esq . on Nov. 7 , about the hour of eight in the night, and stealing two black silk cloaks, 30 s. a black silk bonnet, 10 s. and one white lawn apron, 6 s. the property of the said Samuel Phillips , Esq. in his dwelling house .

The circumstances of this burglary were similar to the other charge. A fore parlour window was found open, and the things mentioned in the indictment were stolen. When the prisoner was taken into custody on the foregoing charge and searched, the lawn apron, which was deposed to by Mrs. Phillips, was found in his pocket. The prisoner said in his defence, that he met his sister in the evening, who gave him the apron to carry home to his master to be altered, and that he did not know what was become of his sister.

Guilty of stealing only . T .

4th December 1771
Reference Numbert17711204-3
VerdictGuilty > theft under 1s

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4. (M.) ELIZABETH HILL , was indicted for stealing three muslin neckcloths, value 6 s. and one pair of silver buttons, value 2 s. the property of William Wright , privately in his shop , Nov. 22 . +

William Wright . I keep a pawnbroker's shop in White cross-street, St. Luke's , the prisoner came into my shop, on the 22d or 23d of November, between eight and nine in the morning to redeem a pledge: while my man was gone to fetch it she stole the things mentioned in the indictment out of a drawer. I saw her take my neckcloths out of her lap, and throw them behind the door. I sent for a constable; she said the things were not mine; they were taken out of a drawer behind the counter.

Edward Clage . I am journeyman to Mr. Wright, the prisoner came to my master's on

the 22d of November to release a pledge; my master was not up; I went up to him for the key of the warehouse; I told him the prisoner was in the shop; my master ordered me to watch her, because we had a suspicion of her. I discharged another customer that I had in the shop immediately, and I told the prisoner my master would be down up a quarter of an hour. I went up stairs and watched her through a hole, and saw her lean over the counter and take the neckcloths out of the drawer, and put them into her apron. I acquainted my master of it; he got up and sent me for a constable. I saw the neckcloths again when they were taken from behind the door.

Prisoner's Defence.

I never took any thing from him in my life.

For the Prisoner.

Mary Masey . I have known her between eight or nine months. I never knew any harm of her in my life. I am a washerwoman; she washed for me between three and four months. I have trusted her with money. and always found her honest. I would take her into my service again.

Guilty 10 d. T .

4th December 1771
Reference Numbert17711204-4
VerdictGuilty > theft under 40s

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5. (M.) THOMAS SMITH was indicted For stealing in the dwelling house of Joseph Goldin four guineas, a crown piece, a silver dollar, value 4 s. 6 d. a pistereen, value 10 d. a leather glove, value 1 d. a snuff-box, value 1 d. and six pence farthing in money numbered, the property of John Iredle , Oct. 11 . *

John Iredle . I live at Mr. Goldin's, the White house-inn, Mile-end ; the prisoner came to our house on the 10th of October; he sad he was out of place, and wanted a lodging, he laid with me; we went to bed about seven o'clock; my money was in a snuff-box which was in a glove, and the glove was in a stocking; I put it in my chest when I went to bed; I got up at four o'clock in the morning; the prisoner got out of bed at the same time I did, and he came down about a quarter of an hour after me; he ordered me to heat him a pint of pull; I did, and gave him some victuals, and he went out to seek for a

place; he had not paid for his lodging; he promised to come back in the afternoon; he did not come back again, nor pay for what he had. I wanted to give change about six o'clock; I went up to my chest and missed my money. I gave information of it, but I did not see the prisoner again for several days.

Q. Might not some body else have taken your money?

John Iredle . I am sure nobody could have gone up into the room, I was in the house all the time; I heard nothing of the prisoner for three weeks, and then he was taken up for ther offence.

Prisoner's Defence.

Several young men came up when I was a bed; I called out to know who they were; then they went out again; they waked me by throwing the clothes off.

Guilty 39 s. T .

4th December 1771
Reference Numbert17711204-5
VerdictGuilty > lesser offence

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6. (M.) ARDELL HENLEY was indicted for breaking and entering the dwelling-house of Elizabeth Gee , widow, on the 20th of November, about the hour of six in the night, and stealing two pair of linen sheets, value 2. one silk gown, value 2 s. one cotton gown, value 1 s. one stuff petticoat, value 1 s. and two sleeve buttons set in silver, value 1 s. the property of the said Elizabeth Gee , in her dwelling-house . *

Elizabeth Gee . I live in Queen-street, Westminster , on the 20th of November , I went out about two o'clock, and returned about six; when I came back I found the parlour door broke open; two doors were broke open; the things were scattered about in the yard, in order, as I understood, to be bundled up, there was a stuff green petticoat carried into the yard, and a pair of stone buttons, found on the prisoner. The prisoner was in the passage when I came home; the neighbours had secured him; I charged him with breaking open the parlour door; he said he came in to ease himself; he was catched in the necessary.

Q. I thought you said he was in the passage?

Elizabeth Gee . He was when I came home, they afterwards catched him in the necessary. (The buttons produced, and deposed to by the prosecutrix.) I was not present when they were found on him.

James Squire . I belong to Tottlefields Bridewell. After the prisoner was taken and brought to Bridewell, I asked the man that brought him whether he had been searched; he said, no. I searched him and found these two buttons. I had him before Sir John Fielding , and the prosecutrix swore to them.

William Best . I lodged in Mrs. Gee's house when it was broke open; I took the prisoner in the necessary; it was on the 20th of November about six o'clock, or rather before.

Prisoner's Defence.

When I came into the passage, the door was open, and I went into the necessary; I wanted to ease myself, and this man came and began spanking me over the head with his hand. The buttons are my own; she swears as false as can be:

Guilty of stealing only . T .

[See him No. 700, last sessions.]

4th December 1771
Reference Numbert17711204-6

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7. (M.) RICHARD EDWARDS was indicted for stealing six linen shirts, value 6 s. five linen shifts, value 5 s. four check linen aprons, value 1 s. two linen table cloths, value 5 s. one linen jam, value 1 s. and one linen napkin, value 1 d. the property of William Monk , Nov. 22 . ++

Guilty . T .

4th December 1771
Reference Numbert17711204-7

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8. (M.) ANTHONY SCATONAY was indicted for stealing a pair of leather breeches, two linen shirts, a nankeen waistcoat, a pair of cotton stockings, a muslin neckcloth, a gold ring, and one shilling and a half-penny in money numbered , the property of William Aldin , Nov. 11 . *

William Aldin . I lodge at the three butchers in Hungerford-market . The prisoner laid in the same room; I lost the things mentioned in the indictment, on the 11th of November. I had them at night when I went to bed, and missed them and the prisoner in the morning. (a gold ring, a waistcoat, and a shirt produced, and deposed to by the prosecutor.) These things of mine were found upon the prisoner.

Robert Ibbet . The prosecutor told me he was robbed, and suspected the prisoner. I met the

prisoner afterwards in the street; I saw Aldin's waistcoat under his arm; I charged him with having robbed the prisoner; he desired I would make no noise about it, and let him go. I took him before justice Kynaston; there he was searched, and the prosecutor's shirt and gold-ring were found upon him. The prisoner desired I would go to a man that was in company with him when I took him, and desire him to come and assist him. I went after that man; as soon as he saw me he run away. The prisoner said at the justices that that man was not concerned in the business.

Prisoner's Defence.

These things were given me by that man.

Guilty . T .

4th December 1771
Reference Numbert17711204-8
VerdictNot Guilty

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9. (M.) WILLIAM DULEY was indicted for that he in an open place, near the king's high-way, on Joseph Willis did make an assault, putting him in corporal fear and danger at his life, and stealing from his person 4 s. 6 d. in money numbered, the property of the said Joseph Wellis , Nov. 10 . +

Acquitted .

4th December 1771
Reference Numbert17711204-9
VerdictGuilty > theft under 40s

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10. 11. (L.) LEWIS HUMPHRYS and DUNCAN HARDY were indicted for stealing 28 earthen jarrs, value 3 s. three wooden barrels, value 2 s. 800 lb. of raisins, value 15 l. and 100 lb. of almonds, value 40 s. the property of John Corbin , the same being in a certain ship, called the Betsey , on the navigable river of Thames, Nov. 6. ++

John Corbin . I am master of the ship Betsey ; she lay off Cox's key. On the delivery of part of the cargo we found 20 jarrs of raisins, three barrels, and a hundred weight of almonds missing from the cargo, which had been shipped by the mate.

John Howster . I am mate of the Betsey. On delivering the cargo, the goods mentioned in the indictment were missing; in consequence of an information received from Hunt, we took up the two prisoners on the 13th of November; I staid on board to see the cargo delivered; Hardy owned before my lord mayor, that he had a few raisins out of the ship, which he was going to carry to Hull. Humphreys did not own any thing, but said John Hunt , the witness against him, had taken out more than he had.

John Hunt . I belonged to this ship. I saw the two prisoners bringing out of the ship almonds, raisins, and lemons in bags; the bags were pretty large, but of different sizes; they gave them to one George Welch , who carried them on shore. I saw Welch give them some money. How much I can't tell.

John Butler . I am a merchant's watchman on the keys. While I was on duty I saw the prisoner come on shore several nights with bags, which might hold a hundred weight. I asked them one night what was in the bags; they gave me a shilling to let them pass. Another night; I saw them come on shore with a jarr of raisins; I told them they had better not carry them any farther, for the officers were further up, and they would lose them; they put the jars down till the officer was gone by, then they took it up again, and went on with it.

Q. So you suffered this man very quietly to bring those goods on shore, which, to make the best of it, you say you supposed to be smuggled?

John Butler . It was not my business, I am a merchant's watchman.

Court. I hope the merchants will be acquainted with your conduct, that they may know what a trusty servant you are.

Humphrys's Defence.

I never carried any thing on shore but a small quantity of raisins, which I picked out of the hold: they were dropt out of the casks in the hold: there were about twelve or fourteen pound weight in the whole.

Hardy's Defence.

I had some fruit on board of my own.

Hewstall. The prisoners were allowed no private trade.

Both guilty 39 s. T .

4th December 1771
Reference Numbert17711204-10
VerdictNot Guilty

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12. (L.) JONATHAN FORD was indicted for stealing sixteen steel watch-chains, value 8l. the property of William Webb , privately in his shop , Nov. 21 . ++

Acquitted .

4th December 1771
Reference Numbert17711204-11
VerdictNot Guilty

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13. 14. (L.) MARY BECKFORD and MARY FOSTER were indicted, for that they in a certain open place, near the king's high way, on Edward Smith did make an assault, putting him in corporal fear and danger of his life, and stealing from his person three guineas, a half guinea, and a shilling, the property of the said Edward Smith . *

Both acquitted .

4th December 1771
Reference Numbert17711204-12
VerdictNot Guilty

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15. (L.) CHARLES BENNET was indicted for stealing one silver medal, value 5 s. one silver milk-pot, value 5 s. two silver table spoons, value 10 s. two silver salts, value 10 s. six linen shirts, value 10 s. one linen gown, value 4 s. sixteen crown pieces, and twenty-one pounds in money numbered , Nov. 7 . +

There was no evidence is affect the prisoner, but what arose from his own confession, made under a promise of favour, so he was acquitted .

4th December 1771
Reference Numbert17711204-13
VerdictNot Guilty

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16. 17. (M.) RICHARD WILLIAMS and SAMUEL BALDWIN were indicted, for that they, on the king's high-way, on William Griffin did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. one cloth surtout coat, value 10 s. a quarter of a guinea, a six-and nine-penny piece, and eight shillings in money numbered , the property of the said William Griffin , Nov. 4 . +

Both acquitted .

4th December 1771
Reference Numbert17711204-14

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18. (M.) JOSEPH FLENDELL/ was indicted for breaking and entering the dwelling house of Thomas Sturley , on the 23d of November about the hour of two in the night, and stealing one large silver spoon, value 8 s. three silver tea spoons, value 3 s. one cloth great coat, value 10 s. one iron box, value 1 d. and fifteen guineas, and eight shillings in money numbered, the property of the said Thomas Sturley , in his dwelling house . ++

Thomas Sturley . I live in Gun-street, near the Artillery ground . I was informed by my apprentice, on the 24th of November, about seven o'clock in the morning, that my house was broke open. I immediately got up; I found my shop was broke open; the door was fastened only with a hasp, which was so slight that it would fall down of itself sometimes by shaking; the shop opens into a back yard, and then there is a wall which a person might get over, by some pantiles that lie there. I found a tinder-box, that usually stood in the kitchen, had been removed from there to the shop, and a rush-light was removed from the shop into the kitchen: my bureau, which stood in the kitchen, was broke open and there were sixteen guineas taken out that were in an iron box in the top of the bureau, and eight shillings was taken out of a little drawer in the bureau; the flap was let down, and there was a tool that I worked with found on the top of the bureau; my great coat, which hung by the side of the bureau, was gone; and the silver spoons were taken out of the beauset, and a table spoon was taken from the cupboard in the kitchen. The window-frame appeared dirty, as if trod upon by some person that got in at the window. I am sure it was fast over night; I was last up in the house over night; I went to bed that night about eleven o'clock.

Cross Examination.

Q. Would not the hasp fall down by shaking the door?

Thomas Sturley . I don't know but it might, the prisoner served his time with me; I suspected him from some circumstances, the tool being found upon the bureau; I had him taken up on Friday in Bishopsgate-street; he was carried to the rotation at White-chapel; he was searched there, and my four spoons were found upon him. ( produced and deposed to by the prosecutor.) I have recovered my great coat again; it was pawned, but the pawnbronot here.

Thomas Colby . I am an apprentice to the prosecutor; my fellow apprentice was up first in the morning; he came to me and told me the casement was open, and that the bureau was broke open.

William Care . On the Friday after this robbery I saw the prisoner in Bishopsgate-street about nine o'clock in the morning; I secured him on suspicion of having committed this fact. I sent for the prosecutor, and he was taken to the rotation office; there he was searched, and these four spoons were found under the knees of his breeches; they were shown to the prosecutor, and he swore they were his property. The justice, after he had examined the prisoner,

came out and said we shall recover the money and great coat, an officer was sent with the prisoner, which officer returned afterwards and brought an iron box with thirteen guineas.

Prisoner's Defence.

I had been out late; I went to sleep in an empty house on Saturday night; I found all these things in the morning in that house.

The prisoner called five witnesses who gave him a good character, but said he had not worked at his business lately, but had lived upon his friends.

Guilty . DEATH .

4th December 1771
Reference Numbert17711204-15
VerdictsNot Guilty

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19. 20. (M) MARY CASEY and MARY SAMPSON were indicted, the first for breaking and entering the dwelling house of Robert Herring , on the 25th of October about the hour of ten in the night, and stealing one pair of linnen sheets, value 3 s. the property of Isabella Lawson , in the dwelling house of the said Robert Herring , and the other for receiving the said goods well knowing them to have been stolen . *

Both acquitted .

4th December 1771
Reference Numbert17711204-16
VerdictsNot Guilty

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21. 22. (M.) WILLIAM WATERS and AARON SPENCER were indicted, the first for stealing two silver butter boats. value 4 l. one silver mug, value 10 s. and one silver candlestick, value 5 s. the property of Ann Gaper , spinster , and the other for receiving the said goods, well knowing them to have been stolen , Oct. 3 . *

Both acquitted .

4th December 1771
Reference Numbert17711204-17
VerdictGuilty > lesser offence

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23, 24. (M) PETER FARRELL and WILLIAM NICHOLLAY, otherwise NICHOLAS , were indicted for breaking and entering the dwelling house of Thomas Bellinger , on the 20th of November , about the hour of three in the night, and stealing seven silver table spoons, value 3 l. 10 s. one silver soup spoon. value 3 l. two silver tea-spoons, value 3 s. and 120 copper half-pence , the property of the said Thomas Bellinger , in his dwelling-house. *

Mary Belinge . I am wife to the prosecutor. On the 20th of last month I saw all the doors and windows in the house safe before I went to bed; a man knocked very hard at the door about five o'clock in the morning; he is a lodger, his name is William Mince , he said you have forgot to shut the bar; I said, no, I had not; I jumped out of bed and went down stairs, seeing the manner in which it had been opened, I said I believed it must be an old servant of mine to open the place in the manner in which it was done, Samuel Higbet that had been gone from me some time. I saw a drawer had been opened, out of which the spoons were taken, which shut in between two cup-boards, and could not have been easily discovered but by a person that knew of it. I went out of the bar and ran up stairs in a fright; I said my house is robbed, my bat is broken open; I found all my lodgers a-bed that went to bed at night; I came down again and could not find any place where the thieves could have broke in. Mince went and called the watchmen. I suspected someby must have let them in finding the outer door a-jar. I told my lodgers that they should all go with me before Justice Fielding; they all went with me to Sir John Fielding 's, and the justice sent one of them to prison, who is admitted an evidence. I have never found any thing that I lost. I found this bricklayer's tool by the side of the bar; they call it a line pin.

Q. Did you observe any thing particular about the door, the bar, or the till?

Belinger. There was a hole made by which they could pull back the spring lock, the drawer of the till was cut with a knife in order to get at the lock.

- Mince. I have lodged in this house eleven years. When I got up at five in the morning. I saw the bar open, and I alarmed Mrs. Bellinger. The top shutter was put down against the door; the till appeared to be cut open with a knife.

- Wetherby. I am a watch man. I came down by the prosecutor's door at ten o'clock, then all was safe; at half after twelve having called the hour I went to my box; there was a young fellow. in a white coat, whistled between his fingers; then a man opened a sash in the prosecutor's house, and put his head and shoulders out at the window, and said where are they: the man in the street said, they are all together, will not you come down and go

along with them? He replied, no, he could not come down. Then the clock struck one; I took my lanthorn and went round to call the four. I cou'd see no person there then.

Q. How long might it be before you came back?

Wetherby. More than a quarter of an hour. The place where the back door is, don't belong to me. It is within sight of my stand. I look'd at the door when I came back; all was fast then.

Q. Did you hear any noise in the house?

Wetherby. No; I called the hour at two; I saw nothing then. When I came back from calling the half hour after two, Sam came up into the court.

Q. Do you know his sirname?

Wetherby. No; he had been a servant to the prosecutor but a short time before; I thought he had been so then: He threw something up at the same path that the man had before looked out at, which was two stories high. I told him not to offer to throw any thing up at that time, for I would not suffer him to do any such thing. Then I saw the sash go up, and a man put out his hand, and wagged his fingers, by way of beckoning to him. Then Sam went away, and the man pulled the sash down again: Then the clock struck three. I took my lanthorn, and went round, and called the hour. When I came back, my candle was almost out; I had left a spare candle in my box, which was gone when I came back. I went and challenged some draymen with having taken it; they said they had not. I walked into the alley, and saw the door standing a little a jar; that was about half an hour after three. I thought I heard something stirring about the place: I struck the door three times with my staff, and two young fellows jumped out at the door. I asked them what they were doing there: They said they were going to their work. Then presently another came out. I saw the glimpse of a candle a going up stairs, but it was put out in a minute. I took care of the door till Mr. Mince came down: Then I told him they had got careless lodgers, for I did not think they were thieves; if I had, I would have had them all taken. Sam was the third that came out of the house: I did not know then that Sam had left the service.

Q. Do you know either of the men that came out first?

Wetherby. No.

Q. Do you know who it was that looked out at the window?

Wetherby. It was Joseph Ellidge .

Q. Did you see the men that came out have any thing?

Wetherby. No; I suppose the things were in their pockets.

John Shephard . I am a baker. I saw Sam about twelve o'clock on the night the house was broke open. I saw him in the court near the house with two or three other men, but I don't know either of them.

Christopher Movon . I saw Peter Farrell , and I think four more, on the 20th of November, in the court near Mr. Bellenger's house, about twelve at night. I saw Sam the waiter, and one Bowman, and another man that was taken up and discharged at Sir John Fielding's. There were five or six standing in the court. Sam said Moxon, I wish you would lend me six-pence, for I have left my place, and have no money. I was going to lay at Mr. Bellenger's that night; it is a public-house. As I was going to lend Sam six-pence, while I had my hand in my pocket, Farrell put his hand into my pocket, and picked out a glove and comb. Sam said, if you take any thing out of his pocket, I'll knock your head off; so he gave me my comb and glove again. Shepherd was coming home along with me; Moody attempted to pick his pocket; I am certain Farrell was one of the men that was in the court. When we searched him, we took about 4 l. out of his pocket. Edridge lay with me that night.

Q. Did you perceive him get up in the night?

Moxon. No

William Smith . Joseph Edridge and I were up in the room about twelve o'clock: Somebody came into the court, and gave a whistle. I said, I imagine that is Shepherd come home. There were four of us in the room a going to bed. Edridge jumped down and went to the window. I said, who is it? is it Shepherd? He said, no. I said, who is it? He said, it is nobody that you know. I went to look over his shoulder, and he pushed me away. I said, well, if I don't know them, I don't want to know them.

Q. Do you remember any body's going down stairs in the night?

Smith. No; when Shepherd came, I would have gone down to let him in, but Edridge would go down; that was about half an hour after he looked out at the window.

Q. Did any body come in with Shepherd?

Smith. Yes, Christopher Moxon . I told Sir John Fielding this story, and upon that account Edridge was detained.

Joseph Edridge , the accomplice, deposed, that he lodged at the prosecutor's at the time of the robbery; that he let in Sam and three other men about two o'clock in the morning; that the prisoners were two of them; that he stood po the stairs, and did not see what they did; that he went up stairs to bed, and left them below, and that he knew of their coming to rob the house the night before.

Nicholay's Defence.

I know nothing at all about it; and I know nothing of those that have escaped.

Farrel's Defence.

I know nothing at all about the affair.

Both guilty of stealing only . T .

4th December 1771
Reference Numbert17711204-18

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25. (M.) WILLIAM TURVEY was indicted for stealing two guineas and one half guinea , the property of Alexander Keven , January 17 . +

Alexander Keven . The prisoner was a sawyer at Durham yard; he was brought in to lodge with me; I work'd as a labourer in Durham-yard; I am a Chelsea Pensioner . I went on the 16th of January to receive my pension. I paid some money I owed; then I had two guineas and a half, and some halfpence, in my waistcoat pocket. When I came home, he said, Kevan, if I had as much money as you, I would have a good drink out of it, and you are sober. I said, yes, three of us have only had two pots of beer. When I waked between four and five in the morning, the prisoner was gone, and all my money; my waistcoat was at my bed-side. I went to Sir John Fielding , and gave information against the prisoner; and I never saw any more of him till about a fortnight ago, when he was taken up on another charge, and Sir John sent to Durham-yard for me. The prisoner confessed before the Justice that he took my money.

Prisoner's Defence.

He said he would let me off for paying a shilling a week.

Prosecutor. His mother offered to pay me a shilling a week, but I said I could not do it.

He called one witness, who had known him twenty years, and gave him a good character.

Guilty , T .

4th December 1771
Reference Numbert17711204-19
VerdictNot Guilty

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26. (M.) THOMAS IVES , WILLIAM BALLARD , and JAMES NIMMEY , were indicted for that they, on the King's highway, on John Daniel did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one pair of silver shoe buckles, value 15 s. one cane mounted with silver, value 3 s. one man's hat, value 1 s. one pair of men's leather shoes, value 1 s. and half a guinea and a quarter guinea in money, numbered , the property of the said John Daniel , November 25 . +

All three Acquitted .

4th December 1771
Reference Numbert17711204-20

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27. (L.) JOHN COX was indicted for stealing one pair of silver shoe buckles, value 20 s. the property of William Scypher : a silver thimble, value 2 s. and two guineas and fifteen pence in money, number'd , the property of Godfrey Schutz . Nov. 16 . ++

John Smith . I am clerk to Mr. Rider, sugar-refiner. I am at his house in Wood-street. This robbery was committed at his house on Bennett's Hill . On Saturday the 16th of November I was in the counting-house at Bennett's Hill; about one o'clock I heard the maid talk of a strange man coming down out of the men's room. I asked what was the matter? The maid said, a strange man came down out of the men's room. I said, why did not you stop him? She said she did not think of it, but told Sykes, and he was gone after him. In about ten minutes I saw Sykes bring him back. We brought him into the counting-house, and asked him what business he had there. He said he was not there. I said I wou'd prove that. I bid the men go into their rooms, and see what they had lost. William Scypher came down and said he had lost a pair of silver buckles; another said he had lost two guineas and two shillings: Godfrey Schutz had the care of that money, because the man it belonged to had no box; he it was that said he had lost his money. I shook the prisoner's pocket, and Mr. Sykes, that brought him in, said he has a pair of silver buckles in his

pocket. I asked the prisoner where they were? He took them out, and gave them to me. (The buckles produced.) I sent for a constable. He said he had no money; he said he had had nothing to eat for several days, and that, he said, was the reason of his coming there. When the constable came, he examined his breeches pocket; he found two-pence halfpenny only. I told him we must have some more money. In shaking of him, we found, in the lining of his waistcoat, two guineas, six shillings in silver, and nine-pence in halfpence; and we found the thimble, which is Godfrey Schutz 's. The constable searched him further, but he said he had no more money.

Elizabeth Evans . I live at Mr. Rider's, at Bennett's Hill; I am cook there. I saw the prisoner come down the men's stairs, I am sure it was that man, between twelve and one o'clock at noon.

Q. Which way did he go?

Evans. He stood on the stairs about the third step; while I turned to the kitchen, he went out; I run and look'd after him, and went and told the head clerk, Mr. Sykes, to see after him: He was brought back to the counting-house.

Q. Are you sure it was the same man that was brought back?

Evans. Yes.

Q. from the Prisoner. Was the money taken out of the pocket, or the lining?

Evans. He had it in the lining; we were going to cut the lining, but he said he would shew us the way into it.

- Sykes. I live with Mr. Rider at Bennett's Hill. Mrs. Evans came to me in the kitchen, and said a strange man had been up stairs. I look'd out of the window, and saw the prisoner; I run after him to Ludgate-street; he run into a public-house, and there he was stopt; it was the same man I saw first; we brought him back; a pair of silver buckles were found in his pocket, two guineas in a lining under his pocket, and a thimble, and nine pence in halfpence.

William Scypher . The buckles are mine; they were in my shoes in the bed-room.

Godfrey Schutz . I lost two guineas.

Q. How much more?

Schutz. I do not know. That thimble is mine.

Prisoner's Defence.

The money is my own; I do not chuse to plead till I have my money. I was going through the house; I thought it was a thoroughfare; and I picked up the buckles and the thimble in the passage. I am a waiter.

Guilty , T .

4th December 1771
Reference Numbert17711204-21

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30. (M.) JOHN YOUNG was indicted for that he, on the king's highway, on Esther, the wife of William Bulford , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one ear-ring case, one gold-ring, with a bristol stone, value 5 s. one stone breast buckle, value 4 s. one penknife, value 6 d. and eighteen-pence in money numbered, the property of the said William Bulford , July 4 . *

Esther Bulford . I live in Bride lane. I was at Finchley on the 14th of July; there were two post-chaises, my husband and a gentleman were in one, and my daughter and I in the other. As we were coming over Finchley-common , about half after ten o'clock, two men came round the chaise, it was a haley night, and so it was not very light; they came round and put their heads in the chaise, and threatened to blow my brains out if I did not give them my watch. I said I had none; then they demanded my money, and I gave them what is mentioned in the indictment, a paper ear-ring case, with a pair of gold wires in it for the ears, a little pen-knife, a breast buckle set in silver, and eighteen-pence in money. I believe the prisoner is one of them, but I cannot swear to him; he was dressed in dark coloured clothes; I could not discern the colour. I have never found any of my things.

Q. When was the prisoner taken up?

Bulford. I was in the country then, and cannot say. I saw him about three weeks or a month after.

Q. Could you swear to the prisoner then?

Bulford. No; I thought he was one.

- Bulford. I am daughter to Mrs. Bulford.

Q. Can you say what sort of men they were that robbed you?

Bulford. No.

Q. Can you say the prisoner is one?

Bulford. Yes, I can; because he was close to me all the while; he was on that side of the

chaise on which I fat; It was light enough, I could tell.

Q. How long was he about the chaise?

Bulford. I believe about ten minutes.

Q. Was you frightened?

Bulford. Yes.

Q. And could you make such particular observation of his person?

Bulford. Yes, he was so close to me, and had hold of my hand, and I looked at him all the time.

Q. from the prisoner. Was it light or dark?

Bulford. Just light enough that I could distinguish his face.

Q. from the prisoner. What did you know me b?

Bulford. By his face.

Court. What clothes had he?

Bulford. A darkish great coat.

Q. from the prisoner. What colour was the horse?

Bulford. I cannot tell.

Court. How came you not to take notice of the colour of the horse?

Bulford. Because I looked so much at him, I am sure he is the man.

William Bulford . I was at Finchley on July last. I came a few yards before my wife and daughter. I was in another chaise; we were stopped and robbed; the other chaise was stopped before us; they came behind and robbed the hindermost chaise first, in which my wife was.

Q. Did you see that man on Finchley-common at the time your wife was robbed?

Bulford. I believe he is one that was there, I will not be positive. I gave a description of the horse at Sir John Fielding 's, and I believe It was by that means he was found.

Prisoner's Defence.

I went to see my uncle on Sunday night; he was very bad; I was at home at five o'clock, I went into the city of Norwich, and there went to bed. I was not well. I brought the house home at five o'clock.

I am quite innocent, I know nothing about it; I can bring proof where I was.

He called two witnesses, but nobody appeared.

Guilty . DEATH .

4th December 1771
Reference Numbert17711204-22
VerdictGuilty > theft under 40s

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33. (M.) SARAH POSSON was indicted for stealing one linen gown, value 10 s. the property of Charlotte Sutton , spinster, one pair of stays, value 5 s. one silk cardinal, value 3 l. the property of Charlotte Gibson ; two linen gowns, value 9 s. and two muslin aprons, value 30 s. the property of Mary Hickes , spinster; one lawn apron, value 3 s. and one made silk cloak, value 40 s. the property of Elizabeth Pearson , spinster; one sattin cloak, value 3 l. the property of Dorothy How , spinster; and one linen gown, value 10 s. the property of Elizabeth Henry , in the dwelling house of John Benjey , Nov. 27 . +

John Benjey . I am a clergyman. I live at Kensington Gore . My wife keeps a boarding-school for young ladies. The prisoner was my servant : she went away without our knowledge: and we missed the several things mentioned in the indictment belonging to the young ladies.

Sarah Hickes . I am a teacher at Mrs. Benjey's school. The prisoner came as a servant on Monday se'nnight, and went away on Wednesday.

Q. Do you know the things were missing on her going away?

Hickes. Yes, perfectly well.

Q. Were these the things that were missed in the house when she went away?

Hickes. Yes, they are; these stays were Charlotte Gibson 's. I am sure these are the same a linen gown was missed of Miss Sutton's; I missed a gown and bed-gown, linen; I lost two aprons a book muslin and a stript one; Elizabeth Parsons , a sattin cloak and a long-lawn apron; a gown of Elizabeth Henry 's; (they are all here, producing them.) they were misled on the Wednesday, in about a quarter of an hour after the prisoner was gone; they were found the next morning at the pawnbroker's. We had no character with her; we took her on a character of a servant that lived with us.

- Brooks. I am a pawn-broker, and live in the Strand. On Wednesday the 27th of last month, about eight o'clock at night, the prisoner brought me this sattin cardinal, and asked me one guinea. I asked who she brought it for: She said one Charlotte Evans . I sent my young man with her, with the guinea, and duplicate: she could not find out the place she mentioned: He brought her back again to me. I questioned her further; she did not satisfy me. I sent

for a constable; we took her to Covent-garden Round-house for that night. The next morning, at the Round-house, she confessed she had taken a lodging at the Talbot in the Strand; she had the key in her pocket: We went there, and in her lodging we found all these things, contained in this foul-cloaths bag. Then we took her to Sir John Fielding 's for examination. In a quarter of an hour Mr. Benjeys came in to consult Sir John what to do. She confessed to me that she had them from Mr. Benjey's.

Court. I wonder you should take a servant without a character.

Prosecutor. A servant that lived with me a good while, and behaved well, recommended this young girl: We took her on her character till the next week, when she said her mistress would be in town.

Guilty 39 s. T .

4th December 1771
Reference Numbert17711204-23

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34, 35. (L.) JOSEPH LUMDAY and JOSEPH MILLS were indicted for stealing four silver tea-spoons, value 4 s. and two silver table-spoons, value 10 s. the property of George Mould , Nov. 18 . +

George Mould . I lost two table-spoons, and four tea-spoons. I saw them that evening. The two that were brought into my house were my property; they were marked J. A. B. the other A. M. They are not all of a sort; Levi Moses brought them to me.

Levi Moses . I live in Houndsditch, in the Fire-ball-court; I am a baker. A person sent for me, and told me there were two ladies wanted to sell some spoons. I went in the public-house; I saw the two prisoners standing together; it was at the King's-arms at Houndsditch. David Funendos sent for me, knowing me to be a constable. I said, have you two spoons to sell? Lumley said, yes. He drew out one tablespoon. I said, where is the other? He then drew out the other. I asked what he wanted for them. He said 10 s. for both. Mills said nothing. I took them into custody. Then I said to the fellow that fetch'd me, go and bring handcuffs: he brought them. I said, now tell me how you came by the spoons. Loveday said his mother gave them to him to sell or pawn. I took a coach, and put them in, and searched the other. I found four small tea-spoons on him, wrapped up in this bit of flannel. I observed he searched to shuffle in the coach, made me search him. I asked how he came by them? He said, to tell you the truth, I had them of an uncle of mine, one Betmaker, a master cow-keeper. Next day we went to Mrs. Betmaker's, to ask if she had lost any spoons. She said she could not tell, but would go and look over her plate. She, after looking over them, said, no, she had lost none. She has spoons of the same letters as these last two, but the same make.

Loveday's Defence.

I found them in the entry in Betmaker's.

Mills's Defence.

They were found wrapp'd up in that piece of flannel in the same passage.

Both guilty .

[Transportation. See summary.]

4th December 1771
Reference Numbert17711204-24

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36. (M.) JOHN WYLDE was indicted for stealing one blanket, value 1 s. one pair of linen sheets, value 2 s. the property of Samuel Snow ; one pair of sheets, value 2 s. two linen gowns, value 10 s. one stuff petticoat, value 3 s. two linen aprons, value 1 s. one pair of worsted stockings, value 6 d. three pair of cotton stockings, value 9 s. three pair of shift sleeves, value 6 d. one shift, value 1 s. and two linen handkerchiefs. the property of William Shipley , November 7 . +

Hannah Shipley . I am the wife of William Shipley . I live at No. 9. in Marybone-street . I lost the things in the indictment on the 7th of November. That morning I saw most of them in my house. I went out, and I missed them out of my apartments; when I came home about eleven, they were gone: Part were taken on the prisoner that night, as I was told. ( Produced a buckle, one pair of cotton stockings, one pair of, and one linen handkerchief.) There are part of the goods I lost. I found the window up when I came home; I left it shut when I went out.

Sarah Stock . I live in the same house. I went down to the kitchen to the wash-house, on the 7th of November. There I saw the prisoner standing at the kitchen-door; the door was fastened. He asked if any body lived there. I said, yes. He said he had been there twice before, but could find nobody at home, and said he had knock'd then twice, but could not make any body hear; and that a woman that lived there had had a shirt and stockings of his, which he came after, and he would come again.

at night. This was three o'clock in the afternoon. I asked him what sort of a woman he wanted, because he said a painter and his wife had lived there; I thought he might enquire after them; they were gone. He said she was a middle-aged woman. He went up stairs before me, and went out, and I went up to my own apartment.

John Oldham . I am a watchman in Great Russ ell-street, Bloomsbury, Standing at that street I saw the prisoner and two more cross Russell-street; each had a bundle with them; the prisoner said he would give me a pint of beer: I asked for what; he said, because you are a good fellow; upon this I looked hard at the two men; I did not like their having bundles; on this I seized the other men; then the prisoner threw his bundle into the middle of the street; upon which I let go my rattle in order to call out for more assistance; upon that the other men made off: two watchmen came to my assistance and took the prisoner to the watch-house; the bundle now produced is the same the man threw into the street; when I took it up the prisoner denied knowing any thing of the bundle; going to the watch-house with him the prisoner said it was given him by his mother, with orders for him to give it to his brother, because his wife was with child, and then likely to lie in; he said, if I would let him go he would give me share of a gallon of porter; I asked him where his money was? upon that he pulled out two six-pences and gave me, which have been in my possession ever since.

Prisoner's Defence.

I had been at the Lamb and Flag, then I went to my aunt's till half an hour after twelve; I found the bundle at the top of Swallow-street.

Guilty . T .

4th December 1771
Reference Numbert17711204-25

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38, 39. (M.) JOHN STEVENS and THOMAS QUIN were indicted for stealing 76 pair of pattens, value, 20 s. the property of John Hayter , Nov. 22 . +

John Hayter . I am a shoemaker in King's-street. Westminster . I lost about a month or six weeks ago, a great quantity of pattens. I keep a warehouse where there are 1500 dozen perhaps in a room. I missed about six dozen pattens from my warehouse, directly opposite my house. I had seen them on Sunday morning, and then locked the room door myself. It appeared to me to have been opened by force; it is a sort of a box-lock; it appeared to have been opened; about Tuesday se'nnight following I heard these pattens were at Sir John Fielding 's; I went there and saw them. (The pattens produced.) I can swear they are part of my own manufactory.

Cross Examination.

Q. You deal largely, and must have sold great numbers of these pattens?

Hayter. I deal wholesale; I sell great numbers; I may have sold a 100 dozen in a short space of time, but I never sold fifty dozen to one person.

John Ellingham . On Sunday the 26th of October, I was at the Horn; I saw the two prisoners together at the same place; they asked me if I would buy a cloak; I said, let me see it. I had not money enough to buy it; they asked me then if I would buy any pattens; I asked how many; they said five dozen, or thereabouts; I said I would not buy them till I saw them; I asked them then where I should meet them the next day; they fixed the Swan in Long-acre; in the meantime, being suspicious of these people, I gave notice of them to Sir John Fielding ; upon that I was ordered by Sir John to meet them. I met them on Monday night at the place appointed, and there I bought the cloak on purpose that they might tell me where the pattens were; for they said I could not see the pattens then, not till next night, only six pair at Mr. Miller's, a carpenter, in Rose-street; accordingly on the Tuesday I met them again at the Swan, and from thence, having spoke to Sir John Fielding 's men to watch where I went, I went with the prisoner to some court in the Old Bailey, I do not know the name of it; there they showed me two bags filled with four or five dozen of pattens. Stevens was gone on a message for Quin; Mr. Bond came and took Quin in the house, and Stevens was taken by Clarke afterwards in the court. Quin on Tuesday said he had these pattens from an oil-shop in Westminster.

Q. Did they say they had advertised these pattens?

Eillingham. No, they did not say any such thing.

Clark. I went into the court; I saw Stevens. I asked him if the court was a thorough-fare; he said no; I took him; I found the two bags of pattens; the six pair had been in my custody.

Nicholas Bond . I had the two bags in the Old Bailey; these pattens are the same; they have been in my custody ever since.

Steven's Defence.

On Monday evening, a week before these goods were offered to sale, we picked them up in St. George's-fields, between the pillar and the King's-bench prison.

For the prisoners.

Charles Talbot . I saw two men pick up some pattens in the road. I was challenged by Quin when in Tottlefield's prison about a month ago: I went to pay a visit at the prison to some friend about a man that assaulted his wife; this man challenged me about the pattens; I should have picked them up if they had not; when I saw them pick them up, I said you have got a prize; one of them swore by God, it is pattens; it was the beginning of the week, seven weeks ago, it was between dark and light; he told me he was charged with stealing these pattens; they laid about a yard or four feet from the foot-path; they were coming towards me about fifty yards off when I first saw them; the pattens were lying between us; they were nearer them by ten yards. I trade to sea; I live in George-yard, White-chapel. I expect to go out again when a ship returns.

John Wright . I am master to Quin. I am a watch-maker; Quin was my apprentice ; he was a faithful trusty servant; he behaved well better then a month ago; on the day before he was taken up he talked of having found some pattens.

Prosecutor. When I charged him with this offence, this man said he would give me a bond of 40 l. if I would not appear against him.

Wright. I did not say that; I said if the thing could be softened, provided he was guilty, if he would make it easy and not appear, his friends would make up to him the expence of his recognizance.

Both guilty . T .

4th December 1771
Reference Numbert17711204-26

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40. (M.) WILLIAM DAVIS was indicted for feloniously robbing a mail, in which were sent by the post, a certain bag of letters called the Isle of Wight-bag against the statute, &c.

The 2 d count or taking out of a mail, in which were sent and conveyed by the post, a letter before sent by Job White , by the post from the Isle of Wight, directed to John Brown , Edward Weston Phillips , and William Buswell , of London, linen-drapers, against the statute, &c.

The 3d count for stealing and taking out of a mail, in which letters were sent by the post, one other letter sent by the said Job White , by the post from the Isle of Wight, directed to the said Messrs. Brown, Phillips, and Buswell, London; and containing therein a bill of exchange, directed to Messrs . Eade and Wilton , for the payment of ten pounds eleven shillings to Sarah Coade at ten days sight, for value received, against the statute, &c.

The 4th count for stealing and taking one letter, sent by Job White , directed by Messrs. Brown, Phillips, and Buswell, from, and out, of a certain bag of letters, called the Isle of Wight-bag, sent by the post, against the statute, &c.

The 5th count for feloniously stealing and taking out of the said bag of letters, called the Isle of Wight-bag sent by the post, one letter before sent by the said Job White , from the Isle of wight, directed to Messrs. Brown, Phillips, and Buswell, and containing a certain paper writing, in the words and figures following.

Portsmouth Com.

"16 Oct. 61 Gentlemen, at ten days sight pray pay unto Mrs. Sarah Coade or order the sum of ten pounds eleven shillings, for value received, without further advice, from gentlemen, your humble servant, Edward Crafts . To Messrs. Eade and Wilton, at King Edward Stairs, Wapping," against the statute, &c.

The 6th count charges it the same as the fourth, for a letter sent by Richard Brown the elder, and directed to Mr. T. Webb and Co. No. 29. Grace-church-street, London.

The 7th count for the like letter, containing a certain paper-writing, purporting to be a bill of exchange, with the name William Sharpe and Son, directed to Mr. George Macaulay , for the payment of thirty pounds to Mr. Richard Brown , or order, against the statute, &c.

The 8th count for a letter sent by William Grosmith , and John Shepherd , and directed to Mr . Henry Pidgeons distiller in the Borough, London, against the statute, &c.

The 9th count for the like letter containing a bill of exchange, subscribed William Sharpe and Son, and directed to Mr. George Macauley , for the payment of thirty pounds to Samuel King or order, for value in account, &c. against the statute.

The 10th count for feloniously stealing, and taking a packet out of the said bag of letters, called the Isle of Wight-bag, sent by the post, against the statute, &c.

The 10th count for feloniously stealing and taking a packet out of the said bag of letters, called the Isle of Wight-bag, sent by the post, against the statute, &c.

The 11th count for feloniously stealing, and taking out of the said bag one packet, sent by John Clark the elder and John Clark the younger, by the post from the Isle of Wight, and directed to Mr. Isaac Jemmet , against the statute.

The 12th count for the like packet containing two paper writings, putporting to be two bills of exchange subscribed Samuel Coade and Co. for the payment of twenty-two pounds to Mrs. Mary Coade , or order, for value received in account, and the other is directed to Mr. Samuel Bernard , Graff Huber , and Co. for the payment of eighteen pounds to Mrs. Mary Coade ; for value in account, against the statute. +

Job White. I am a rider to Messrs. Brown, Phillips , and Roswell, in Corbet-court, Grace-church-street: on the 21st of October I was in the Isle of Wight; I dispatched a letter from there, directed to Messrs. Brown and Co. the contents was a ten-pounds bank note and a bill of exchange for 10 l. 11 s. I have in this memorandum book an entry of the particulars that I made at the time; it was drawn on Eade and Wilton, payable to Sarah Coade or order ( a draft shewn the witness.)

White. This is it.

It is read.

Gentlemen, at ten days sight, pray pay to Mrs. Sarah Coade , or order the sum of ten pounds eleven shillings for value received, without further advice from gentlemen, your humble servant.

Edward Craff .

To Messrs. Eades and Wilton at King Edward Stairs, Wapping.

White. There was the endorsement of Sarah Coade upon it when I sent it; the acceptance has been written since. I put this letter myself into the post-office at Newport in the Isle of Wight on the 21st of October, about one o'clock.

William Clark . I live at Newport in the Isle of Wight. I inclosed four Bills in letter on the 21st of October last, directed to Mr. Isaac Jemmet , Queen-street, Borough, London; one of them 22 l. one of 18 l. one of 50 l. and one of 74 l. which I put into the post myself.

Council. Who were the bills of 22 l. and 18 l. drawn upon?

Clark. Upon Samuel Barnard , Graff Huber, and Company, by Samuel Coade and Co. of Exeter payable to Mary Coade , or order. (The bills produced and read.)

Exon, 21 Sept, 1771. 22 l.

30 days after date, pay to Mrs. Mary Coade, or order 22 l. for value in account as per advice from Samuel Coade and Co.

To Mr. Samuel Bernard , Graff Huber and Co. merchants in London.

Exon, the 28 Seqt. 1771.

30 days after date, pay to Mrs. Mary Coade , on order 18 l, value in account, per advice from Samuel Coade , and Co.

To Messrs. Samuel Barnard , Craff Huber, and Co. merchants in London.

Richard Brown . I live at Newport in the Isle of Wight. I put a letter in the post-office there on the 21st of October, directed to Mr. T. Webb, at No. 29, Grace-church-street, London, in which was in closed a bill drawn on the top of the sheet, the letter was wrote at the bottom. The bill was drawn on George Macaulay for 30 l. 31 days after date, payable to Richard Brown or order.

A bill shewn the witness.

Brown. This is the bill. There was only Richard Brown endorsed upon it when I sent it.

It is read.

Newport, Oct. 5, 1771, 30 l.

30 days after date, pay Mr. Richard Brown or order 30 l. value received, and place it as advised by William Sharpe and Son.

To Mr. George Macaulay , at Mr. George Abels , London.

Endorsed Richard Brown , Richard Jarvis , and Tesdale Webb.

John Shepherd . I live at Cows in the Isle of Wight. I sent a letter on the 21st of October, directed to Mr. Henry Pigeon , distiller in the Borough.

Q. What did that letter contain?

Shepherd. A bill for 30 l. drawn by William Sharpe and Son.

A draft shewn the witness.

Shepherd. This is the bill; the letter was wrote on the same paper.

It is read.

Newport, October 16, 1771.

30 l.

30 days after date, pay Mr. Samuel King or order, 30 l. value in account, and place it at advised.

William Sharpe and Son.

To Mr. George Macaulay , at Mr. George Abels , London.

Shepherd. I delivered this letter to David Dore , and ordered him to put it into the post-office.

David Dore . I live with Mr. Shepherd at Cows in the Isle of Wight.

Q. Do you remember Mr. Shepherd's giving you a letter in October last?

Dore. Yes; I put it in the post-office the same day.

Q. Do you remember who it was directed to?

Dore. No.

Q. Has Mr. Shepherd any partner?

Dore. Yes; Mr. Grossmith.

Q. Has the any other partner?

Dore. I believe not.

Q. What day was it you put the letter into the post-office?

Dore. I believe the 21st; my master gave me a charge with it; he said it was something particular.

Cross Examination.

Q. Did you take any notice of the day of the month at the time you carried the letter?

Dore. No.

Hannah Taylor . I keep the post-office at Newport in the Isle of Wight. I put all the letters in a bag on the 21st of October then I sealed the bags, and forwarded it as usual about one o'clock at noon, which is the usual time of its going off, by one Lawrence of Cows.

Cross Examination.

Q. What kind of bag was it put in?

Taylor. A leather bag.

Q. Is there any lock to it?

Taylor. No; we tie it about, and then seal the string.

Q. What is the first place that the bag goes to from you?

Taylor. To Cows.

Ann Todd . I keep the post-office at Cows. The Isle of Wight bag came safe sealed up on the 21st of October. I take all the Newport letters out; I take my own letters out and stamp and mark them; then the other bag goes back again.

Q. How many letters did you forward to Southampton?

Todd. About fifty-four letters charged; one paid letter; and about eight or ten franks.

Q. What size was the bag you put them in at Newport?

Todd. A very small leather bag tied up; and Isle of Wight was wrote upon one end of it. I sealed it up and delivered it myself to James Hoskins , who is master of the packet, who carried it to Southampton.

Cross Examination.

Q. What time of day was the bag brought to you?

Todd. A little before three: I sent it out immediately. It is usual for the packet-man to stand at the office-door till it is done.

Q. You opened the Newport bag?

Todd. Yes, I took all the letters out, and put my own with them.

Q. Those that are for your neighbourhood you don't put in again?

Todd. They have nothing to do with the London bag.

James Hoskins . I am master of the packet. On the 21st of October I received a packet, sealed, from Mrs. Todd, which I was to convey to Southampton. I delivered it to my servant, Tho. Biles , when I got on shore, to deliver it to the post-house at Southampton.

Thomas Biles . I sailed with James Hoskins ; he is master of the packet. On the 21st of October he delivered me the bag of letters: I delivered it at the post-office, either to Mrs. Kello or the maid, I am not sure which.

Elizabeth Lukeman . I live at Mr. Hugh Kello 's, who keeps the post office at Southampton. I received the Isle of Wight bag of letters on the 21st of October, and carried it into the office; it was sealed in the usual manner.

Q. How come you to be to particular as to the day?

Lukeman. About a week or ten days after, a letter came from the general post-office, that they had not received the Isle of Wight hag; that brought it fresh into my memory. I opened the bag, and took the letters out that were for Southampton, and then put the bag in the usual place, which is a sort of a cupboard.

Cross Examination.

Q. Was the cupboard locked?

Lukeman. No; the bag was there from seven to twelve.

Q. And the letters were all loose?

Lukeman. No, the lower past is sealed; the bag has two ties; the bye letters are put at the top.

Council for the Crown. Did you see it next day?

Lukeman. Yes.

Q. Was it sealed then?

Lukeman. Yes.

Hugh Kello . I am post-master at Southampton. I saw the Isle of Wight bag on the 21st of October in the evening; and I saw it the next morning.

Q. Was it sealed when you saw it in the evening on the morning?

Kello. I cannot say I observed that particular. I sent it the next day at twelve o'clock to Winchester by Leonard Bowles .

Cross Examination.

Q. What sort of a seal is it sealed with?

Kello. The seal is about the size of a sixpence; it has Cowes on it.

Leonard Bowles . I live with Mr. Kello at Southampton. I received on the 22d of October a bag of letters as usual. I delivered it at Winchester as I received it, to Richard Helps , at the post-office at Winchester. The bags are put into a portmanteau.

Q. How many bags are sent from Southampton to Winchester?

Bowles. Eight on a Sunday.

Q. to Lukeman. How many went on the 22d?

Lukeman. Eight.

Richard Helps . I am clerk to Mr. Green, who keeps the post-office at Winchester. I received the bag of Leonard Bowles on the 22d of October. The bags were all sealed.

Q. How many bags did you receive?

Helps. I did not count them. I sent away all that I received by Thomas Marsley . the post-boy, to Altham.

Cross Examination.

Q. What time did you receive them?

Helps. About two o'clock; they were kept in the office till I sent them off. which was in about a quarter of an hour.

Thomas Marsley . On the 22d of October I received the mail of Mr. Helps, and carried it to Alton, where I delivered it to Mr. Carton, at the post-office.

Matthew Easton . I received the mail on the 22d of October, about six in the evening, from Winchester. There were nine with the Altham bag.

Q. How many bags did you dispatch from Altham to Harford-Bridge?

Easton. The whole complement is fifteen when we send the mail off for London.

Q. Did you send fifteen bags?

Easton. I am not certain.

Q. But did you send all the bags you received from Winchester?

Easton. Yes, I delivered them to John Trimmer , my rider.

John Trimmer . I am post-boy from Altham to Harford-Bridge.

Q. Did you carry the bags on the 22d of October last?

Trimmer. Yes; there were fifteen bags.

Q. How long had you been post-boy?

Trimmer. That was my first time. I delivered them at the post-house to the ostler.

Noah Britewell . I live at the post-office at Harford-Bridge. I received the Altham mail on the 22d of October from this man. I took out eight bags, and forwarded the rest, in the usual manner, to Staines, I delivered them to James Whalley . they came in about half after ten: they went to Staines that night.

Q. What are you?

Britewell. I have been ostler there fifteen years.

James Whalley . I am post-boy at Harford-Bridge. I received the mail on the 22d of October of Britewell. I delivered it safe at Staines to Mr. Jackson. We carry it there in a close cart, which is lock'd.

Thomas Jackson . I am post-master at Staines. I received the mail of James Whalley on the 23d of October, in the morning, about three o'clock. It was taken out of that cart, and conveyed in my cart to Hounslow by Thomas Martin .

Q. Was your cart locked?

Jackson. No, it is an open cart.

Q. You delivered it to him as you received it, and took no bags out?

Jackson. Yes.

Q. Is not there a bag from Harford-Bridge to Staines?

Jackson. There is seldom more than two or three letters, which come loose.

Thomas Martin . I received the mail from Mr. Jackson at Staines, in the usual manner, on the 23d of October, about three o'clock in the morning. I put it into the open cart, and drove it to Hounslow.

Q Do you know the prisoner?

Martin. Yes, I saw him on the 23d of October, in the morning, just at the outer gate of the inn.

Q. How was he dressed?

Martin. In a rug blue coat.

Q. Short or long?

Martin. It came below his knees.

Q. Had you ever seen him before?

Martin. Yes, I had brought him from Staines to Hounslow six times.

Q. Did you at that time know him to be the same man that had been with you before?

Martin. Yes; he came up to me; he asked me to let him go in the cart to Hounslow. I took him in. As he was going over Hounslow-Heath, he said he was mortal sleepy. He had sat by the side of me till then. Then he laid down a-top of the Altham mail; I had more mails in my cart. He lay there till I came to Hounslow; then he gave me a shilling, and said it would be the last time he should come, for they were cold nights. He went away, and I saw him no more. I delivered the mail to John Broadwood .

Q. Did you examine it at Hounslow?

Martin. No.

Q. What time did you arrive at Hounslow?

Martin. About half after four o'clock.

Cross Examination.

Q. You say the prisoner has gone with you several times; did you know him very well?

Martin. Yes.

Q. Have you always said so?

Martin. Yes.

Q. Did you never, upon being taken to some particular place to see whether you knew the prisoner, pitch upon some other person?

Martin. No.

Q. What place did you see the prisoner at?

Martin. Newgate: As soon as I went up, I saw him, and pitched upon him.

Q. Did not you take a person whose name is William Greenville Hoare for the person?

Martin. No, I did not.

Q. Did you hear the prisoner's name mentioned in Newgate before you pointed him out?

Martin. No.

Q. Who was along with you?

Martin. My master, Mr. Lander, and Mr. Commings.

Q. Did any body before that call the prisoner by his name?

Martin. No.

Q. Did Mr. Commings speak to the prisoner as he came in?

Martin. Yes.

Q. Did he call him by his name?

Martin. I cannot tell.

Q. Had not you heard talk it was one Davis that had done this?

Martin. Yes.

Q. Was not you taken out presently after you went into the room?

Martin. Yes, but I had fixed upon the prisoner before I went out of the room?

Q. How long had you been in the room before you fixed upon this gentleman?

Martin. I pointed to him directly as I went into the room.

Q. You said nothing to him, did you?

Martin. No; they talked to him for ten minutes.

Q. What did you say to the gentleman when they took you out?

Martin. I said that was the same man.

Q. Did you go into the room any more?

Martin. No.

Council for the Crown. Before you went there, did you receive any directions to say nothing in the room?

Martin. Yes; but I whispered to this gentleman, Mr. Commings, while I was in the room, that he was the same man.

John Brotherhood . I am post-boy at Hounslow.

Q. How old are you?

Brotherhood. I was fourteen last May.

Q. Do you remember the last witness coming to Hounslow with the mail-cart?

Brotherhood. Yes.

Q. Was any body along with him?

Brotherhood. Yes, that gentleman, the prisoner; it was between five and six o'clock, I believe. I took it out of the open cart, and put it into an enclosed cart. The prisoner came with me as far as Knightsbridge, and there I left him. I came on to the general post-office in Lombard-street; I got there between seven and eight o'clock, and delivered the mail in the same manner as I received it.

Cross Examination.

Q. Who did you live with at Hounslow?

Brotherhood. Mr. Brooks, at the King's Head.

Q. You was a-bed when the mail came in, I believe?

Brotherhood. Yes; the mail was in the cart when I came down, and it was shifted into the enclosed cart.

Q. Did you see the prisoner when you came down?

Brotherhood. Yes; he stood in the yard when I came down.

Q. What day in the week was it?

Brotherhood. It was Wednesday morning the 23rd of October, I think.

Q. How do you know that?

Brotherhood. By the way Bills.

Q. How long was you before you set off?

Brotherhood. I set off as soon as I had harnessed: the horses and shifted the mail.

Q. Did you ever see the prisoner before?

Brotherhood. No, but I am sure he is the same man.

Q. Did you ever before see him come in the cart from Staines to Hounslow?

Brotherhood. No.

Council for the Crown. Do you usually drive the mail?

Brotherhood. Not constantly; I go with the expresses.

William Skuse . I am an assistant for the west road at the post-office in London. My business is at night to forward the mail out, and receive them in the morning. I received the mail from Hounslow on the 23d of October.

Q. What time did you receive it?

Skuse. About eight o'clock in the morning, The Isle of Wight bag was missing.

Cross Examination.

Q. Did the bags immediately come to you?

Skuse. I stood by and saw them opened; it had not been opened before I saw it.

Mr. John Brown. Mr. White is one of my riders; he was about this time in the Isle of Wight.

Q. Did you receive any letters from him enclosed the 23d of October?

Brown. No.

Q. Nor any bank bill, or bill of exchange enclosed in a letter, dated the 21st of October?

Brown. I did not.

Cross Examination.

Q. Where do you live?

Brown. In Corbet court, Gracechurch-street.

Q. Do you send to the post-office for your letters, or have them delivered at your house?

Brown. They are delivered at my house.

Q. But if such a letter did come, you might not receive it yourself?

Brown. I should by my clerks.

Q. to Mr. Isaac Jemmet . Did you receive a letter, dated the 21st of October, containing a bill of exchange from John Clerk and Son, in the Isle of Wight?

Jemmet. No.

Q. Where do you live?

Jemmet. In Queen-street, in the Park, Southwark.

Q. to Mr. Tesdale Webb. Did you receive a letter from the Isle of Wight on the 23d of October, including a bill of exchange for 30 l. from Mr. Brown?

Webb. I did not.

Cross Examination.

Q. You have some clerk, I suppose, that receives your letters?

Webb. I receive them myself if I am in the counting-house.

Q. to Mr. Henry Pidgeon . Did you receive a letter from the 26th to the 31st of October, inclosing a bill of 30 l. from Mr. Shepherd, at Newport in the Isle of Wight?

Pidgeon. I did not.

Thomas Hodgson . I live with my father in Bush-lane. The prisoner lodged at my father's. The prisoner gave me a bill on the 24th of October, I believe it was thereabouts, drawn on Messrs. Eades and Wilton, which he desired me to carry to them for acceptance, which I did: I got it accepted that day, and I gave it back to Mr. Davis; it was 10 l. 11 s.

Q. Do you know by whom drawn, to whom payable, or what endorses were upon it?

Hodgson. No.

Q. Shall you know it if you see it again?

Hodgson. Yes.

(The draft of 10 l. 11 s. shewn the witness.)

Hodgson. This is the bill.

Q. Were there three names on the back of it at the time you carried it to be accepted, or no?

Hodgson. I think there were.

Lewis Higden . I am a cutler in Leadenhall-street, The prisoner came to my shop on the 2d of November, and bought a couple of lancets of me. I knew him when he was apprentice in the Minories to one Mr. Williams. I knew his person, but did not know his name, I had not seen him so many years. He asked me to get him a porter to take a draft to Wapping. I sent for a porter, and saw the prisoner give a bill to the porter.

Q. Did you see him write any thing?

Higden. No. This was in the morning. He desired the porter, when he sent him, to leave the cash with me. They would not pay the bill, because it was not due, but accepted it; in the porter brought the bill back, and gave it me, and said they had told him to go on Wednesday for the money. The prisoner called again in the afternoon, and desired me to keep it till Wednesday, and then send the same porter for the money. He called on Wednesday morning. I was out; I left it with my wife, who gave it him. He called on Tuesday night, when I was out, and desired to have the bill again.

(The bill of 10 l. 11 s. shewn the witness.)

Higden. This is the bill.

Mary Higden . The prisoner came on the Tuesday night before the bill was due, and asked if my husband was at home; I told him he was out; the prisoner said he called for the note he had left with my husband, for the gentleman it belonged to was come to town himself, and he would return it him; and he might take it himself; I told him if he called the next morning he should have it; my husband left it with me the next morning; I gave it to the prisoner, and he look it away with him.

John Pomeroy . I am a ticket porter. I was sent by the prisoner to receive money on account of a draft at King Edward Stairs; he gave me a direction on a separate paper; I went there this gentleman was in the shop; he said it was not due till Wednesday: I brought the bill back and gave it to Mrs. Higden.

John Spear . I live with Messrs. Eade and Wilton, at King Edward Stairs, Wapping. The last witness brought this bill to me for payment on the 2d of November; it has my acceptance on it, and he brought me this paper with the bill, which seems to me to be in the same hand writing as the last endorser.

The paper read.

Messrs. Eades and Wilton,


Please to pay the bearer the enclosed draft for your humble servant

Edward Ellis .

- Spear. I gave the bill back to the porter, and told him it was not due till Wednesday following.

Q. to Mr. Higden. Was that paper wrote at that time, or did he write it?

Higden. He took it out of his pocket ready wrote.

Q. Did you hear him say whose name was upon the back of the bill?

Higden. He said the note was indorsed.

Q. to John Spear . Were those three names on the back of the bill when you accepted it?

Spear. I can't say, I am sure they were at the time it was brought for payment; I did not observe when I accepted it.

John Andrews . I live at Maiden-head; am post-master there; the prisoner came to my house on Saturday the 26th of October, he came in my fly.

Q. Do you know what name he took his place in?

Andrews. Yes.

Council for the prisoner. Was you by when he took the place?

Andrews. No, I was not.

Council for the Crown. Do you know what name he passed by?

Andrews. By the name of Jarvis.

Q. How do you know that?

Andrews. He left his name as a direction; he desired of me that if any letters were left in the name of Jarvis that I would take care of them till he called for them; he laid at my house that night; he wrote some letters in the morning, I don't know to whom; I put them in the post myself; he borrowed a seal of me after he had wrote the letters.

Q. Did you see him seal the letters with your seal?

Andrews. No, I did not; he went away from my house the next morning on foot, and when my coachman came down from London he told me, that Mr. Jarvis desired me to send by him any letters that might he left at my house for him; I gave him the letters directed for Mr. Jarvis.

Q. Did you send any other by your coachman?

Andrews. Yes, two or three days after; they were to go in the same manner.

John Rymell . I am a coachman to Mr. Andrews at Maidenhead. I carried the prisoner down to Maidenhead on Saturday; I don't know the day of the month; he was booked in the name of Jarvis; I saw him again at the Whitehorse-cellar two or three days after; he bid me ask my master if there were any letters for him, and if there were to bring them to him at the Whitehorse, cellar. I received two letters from my master directed to Mr. Jarvis; I gave them to the prisoner at the Whitehorse-cellar. He told me he expected some more in two or three days; I had two more afterwards. Mr. Jarvis met me at the Whitehorse-cellar again, and took them from me. I always stay at the Old Whitehorse-cellar till the coach come back; the man that drives the coach from town to the Whitehorse-cellar, brought me two notes from Mr. Jarvis.

Q. What is that man's name?

Rymell. He is called John; I don't know his sirname; he is here. I saw the prisoner after that at the King's-head in the Old Change on my Lord Mayur's-day. I went there to take him; as soon as he saw me he asked me for letters.

Q. Had he appointed to meet you there?

Rymell. No; but to meet the man that brought the note. I said I had no letters, but I must have him for the present.

John Otter . I live at Mr. Whites. I drive the Maidenhead-fly from the White-horse-cellar to the King's-head in the Old Change. The prisoner came to the King's-head two different times with two written messages for me to deliver to Rymell the coachman.

(Rymell produces two papers.)

Otter. These are the papers; I delivered them to the coachman.

Q. Did you see him write them?

Otter. No.

(They are read.)

To the coachman that belongs to the Maidenhead fly.

"The coachman that belongs to the Maidenhead-fly is desired to enquire at the post-house at Maidenhead, for any letters directed to Mr. Richard Jarvis ; the same gentleman be brought same letters for about a week ago; if the gentleman should not be there on Friday or Saturday to receive them, from him; he may leave them with the landlord at the Whitehorse-cellar."

The second.

To the coachman that drives the Maidenhead-fly.

"Pray deliver any letters to the bearer directed to Mr. Richard Jarvis ; he will pay you for your trouble. I am so hurried in business I have not time to come to the Whitehorse-cellar."

Cross Examination.

Q. Did you deliver these papers to the coachman?

Otter. Yes; I have not seen them from that time to this.

Mr. Abel Gray . I live at the Royal Exchange. I am in partnership with Hazard and Co. lottery-office keepers. I received this letter (producing it) by the general-post, it was dated the 25th of October; it contained two bills of exchange. (These are them.) One of the bills of exchange was due when it came to my hands; I sent that for payment, and the other for acceptance; they are both drawn upon one house, Messrs. Samuel Burchen , Graff Huber , and Company; they were both drawn by the same persons, one was for 22 l. the other 18 l. that for 22 l. was paid, the other accepted at the same time; the last endorser upon each of them was Richard Jarvis . I sent two lottery tickets and a 10 l. bank-note at his desire, directed to Richard Jarvis , to be left till called for, at Mr. Andrew's at the post-house at Maidenhead.

Q. Is there a seal on that letter?

Gray. Yes; the two tickets and the bank

note came to 37 l. 2 s. so I had 2 l. 18 s. in my hands.

Q. to Andrews. Is that seal the same as your seal?

Andrews. Yes, it is the same impression as the seal I lent the prisoner, the impression tallies exactly with my seal.

The letter read.

To Messrs. Hazard and Co. at their state lottery-office, Royal-exchange, London.

Messrs, Hazard and Co.

By return of post shall be obliged to you to send me two lottery tickets, any number above a thousand enclosed. I have sent two bills on Graff and Company, Scots-yard, Cannon-street, with the tickets, you will please to enclose a 10 l. bank note and the overplus I shall settle with you when I come to town.

I am, gentlemen, your humble servant, Richard Jarvis .

Direct for Mr. Richard Jarvis , to be left till called for at Mr. Andrew's at the post-house at Maidenhead.

Q. Did any body call upon you to settle the balance?

Andrews. No.

Q. to William Clarke . Was the indorsement of Jarvis on the bill at the time you sent it?

Clarke. It was not on either of the bills.

Mr. William Golightly . On the 27th of October I received this letter, dated from Maidenhead, dated 25th of October, (producing it) subscribed Richard Jarvis ; there was a bill of 30 l. enclosed in it, drawn on Mr. George Macrolay , by William Sharpe and Son. I sent it for acceptance, and after acceptance I returned an answer to Mr. Jarvis at Maidenhead, that it was not usual to send away tickets till the bills we received were paid. I wrote so because I had some suspicion that it was not fairly come by. The night before the bill was due I heard it had been stolen out of the mail. The bill was due on the 7th of November. (The bill of 30 l. drawn on Mr. Macaulay, shewn the witness.)

Golightly. This is the bill.

The letter to Messrs. Barns and Golightly read.

- Brown. This is the bill I sent from the Isle of Wight. The name Richard Jarvis was not endorsed upon it at that time.

James Stracey . I received this letter ( producing it) by the post from Maidenhead, I believe on the 27th of October, it was dated the 25th; it contained this bill of 30 l. drawn on George Macaulay ; it required me to send a lottery ticket by the return of the post to Mr. Richard Jarvis at Maidenhead.

The letter directed to Messrs Hill, White, and

Stracey read.

Note. This and the letter to Mr. Golightly were the same as that to Messrs. Hazard and Co.

- Stracey. I sent a ticket, No. 37,712, and a bankers note for 10 l. payable to Richard Jarvis on order.

Q. Do you know any thing of that note being brought to your bankers for payment?

Tracey. It was brought to me by the banker's clerk; it was not endorsed, and I think I saw the prisoner at Nicholas-lane coffee-house; the banker sent it to me on account of its being tendered for payment without an endorsement, and coming so quick for it, came immediately as the post could return.

Q. Did you converse with the person that you saw at the coffee-house?

Tracey. The banker's clerk had told him that the note could not be paid for want of an endorsement. I apologized to him for it; he said he had received it of Mr. Jarvis at Maidenhead.

Q. Did that person tell you what his name was?

Tracey. I can't tell, I think he wrote on the back of the note John Pugh at Chelmsford, Essex.

Q. But you are not sure that was the prisoner?

Tracey. He was dressed different; I do believe it was him; I did not take particular notice of him, for I had no suspicion of him.

Q. Did any body come to account with you for the overplus?

Tracey. No; there did not.

- Shephard. The name Richard Jarvis was not endorsed upon this when I sent it by the post.

Mr. John Commings . I am in the secretary's office at the post-office. I was present when the prisoner was taken. I went to search his lodgings at Mr. Hudson's in Bush-lane. I found there that bill of exchange for 10 l. 11 s. on Eade and Wilton, and this lottery ticket, number 37,712.

Mr. Stracey. This is the ticket I sent by the post, directed to Mr. Richard Jarvis at Maidenhead. I wrote this endorsement upon it. Sent by post to Mr. Richard Jarvis at Maidenhead.

Prisoner's Defence.

I would very gladly say a great deal in my defence, but my illness renders me entirely incapable; therefore I must submit the circumstances of my defence to my council.

The judge said, that as the prisoner was ill he would permit his council to state his defence to the jury. Upon which the council for the prisoner pointed out errors in several of the counts in the indictment; and the court allowed that those errors would be fatal to those counts, but as the evidence proves five of the counts in which no flaw could be found, the objections could not avail the prisoner.

For the Prisoner's Character.

Mr. Hugh Stevensen . I am a surgeon at Egham in Surry. The prisoner was a journeyman to me from the year 1760 to 1766: he has an exceeding good character: he is a sober, honest, diligent man: I would trust him with any thing.

Mr. Robert Packer . I live at Egham; I am an attorney. I have known the prisoner eight years; he is a surgeon and apothecary ; he was a journeyman to Mr. Stevenson: he has an universal good character, and was universally caressed in the neighbourhood.

Capt. Richard Packer . I have known him eight years; he has a most unblemished character; he is an honest, good kind of a man.

Mr. Francis Bartholomew . I have known him six or seven years; he has the best of characters, and is well respected by every body that knows him.

Rev. Mr. William Jones . I knew him for about two years when he lived at Egham; his general character was a man of the strickest honour and integrity.

Dr. Benjamin Pugh . I am a physician; I live at Chelmsford: I have known him about twelve years; he has an universal good character from every body: he was fix'd as an apothecary at Hatfield Broad-oaks about three years ago; I attended many of his patients; he had an universal good character; every body spoke well of him; and he understood his business perfectly well.

Mr. Morris Pugh . I am a surgeon and apothecary at Chelmsford: I have known him about twelve years; he has an universal good character.

Mr. Griffinough. I am a surgeon and apothecary at Chelmsford: I have known him twelve years; he lived with me two years before he went to Mr. Stevenson; he is an honest, sober, well-behaved man, greatly respected by every body: I never heard any body speak the least disrespectful of him.

Richard Butler . I am a painter at Egham: I have known him seven years; he had an extraordinary good character; he was respected by every body, both rich and poor; no man could have a better character.

Mr. Philip Stone . I have known him nine or ten years; he has a very worthy character, and was respected by every body that knew him.

Q. to Dr. Pugh. Has he any family?

Pugh. He has a wife and two children.

Q. Where has he lived since he left Mr. Stevenson?

Pugh. He has lived at Hathfield Broad-oaks.

Q. Where has he been this last two years?

Pugh. That I can't say.

Mr. John Stone . I live at Egham: I have known him eight or ten years: I never knew him otherwise than an honest, whereby, well-disposed man; he was respected by every body in the neighbourhood, and was always considered as a gentleman.

- Williams. I am a farmer, and live at Egham: I have known him nine or ten years; he has a very good general character, and was universally respected.

George Scott . I am a shoe-maker, and live in Great Tower-street. I have known him three years.

Q. Have you known him down to the present time?

Scott. No; I became acquainted with him in 1768, when he first went to Broad oaks; his character was as good a one as possible. I have not known him since he came to London.

Benjamin Hawkins . I live on Dowgate-hill: I have known him twelve years, but more particularly within these last two years: he was with me about six weeks when he came out of the country: he went to Mr. Hudson's on the 4th of May last: I have been acquainted with him ever since he left my house; he has an universal good character: I never heard any person open his mouth against him, but always in praise of his generosity and civility to every one: he

bears the character universally of an honest, good man.

Mr. William Hudson . I live in Bush-lane; I am in the wine trade. I have known Mr. Davis about a year; he lodged with me between six and seven months; he is in the strictest sense of the word a gentleman; I never saw any other by him in my life.

Mr. William Stone . I live in Cheapside. I have known Mr. Davis a twelvemonth. My office is very near Mr. Hudson's house. I have often seen Mr. Davis. Some time since the family were in the country; I then went very often to Mr. Hudson's. I know Mr. Davis was employed in several cases of surgery. I never heard any body speak disrespectfully of him. He is more beloved by the neighbourhood than any unconnected man I ever knew.

Guilty . DEATH .

4th December 1771
Reference Numbert17711204-27

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41. (L.) ROBERT FERGUSON was indicted for stealing one bank note, value 20 l. and another, value 50 l. the property of John Golightly , the money for the said notes being due and unsatisfied , Nov. 23 . ++

Mr. John Golightly . On the 23d of November last I was at the lottery office examining some tickets. About six o'clock in the evening I laid down my pocket book on the counter. I missed it in a little time. The prisoner was there examining some numbers. I believe, when I missed it, he went out. I told the people in the office that I suspected that person. He returned again. They said he would return again. I asked him about it; he said he had not seen it. I got a warrant for him on Wednesday the 27th of November, and searched his lodging. We found a bank note, that caused a little suspicion. I lost a 50 l. and a 20 l. note.

Cross Examination.

Q. Whereabouts in the room did you stand was it next the street?

Golightly. Yes. I stood near the door.

Q. Was it not possible that it might get into the street?

Golightly. It could not of itself.

Mr. Thomas Jefferies . I know nothing of the robbery; all that I can say is, that in the course of my business I took a 90 l. bank note of a woman on Monday night the 25th of November. I am a goldsmith and jeweller. About the Thursday morning after, Mr. Golightly came to me, and described the name and number of it. I had another; I could not have known it unless he had described it.

Mary Cooper . The prisoner is my son-in-law. He told me he had found two bank notes in the street, and desired I would go and buy some things with them; it was on Monday. Accordingly I went to Mr. Jefferies, and bought half a dozen of spoons, and he changed the 50 l. note. I live in the Borough.

Q. Where does Mr. Jefferies live?

Cooper. In Cockspur-street, Charing-cross.

Q. How came you to go so far to buy these spoons?

Cooper. I was that way; I thought it looked like a good shop. I changed the 20 l. note at a silversmith's shop in New-street; there I bought two salts and two spoons.

Q. What change did you receive of Mr. Jefferies, cash or bills?

Cooper. I received cash of him.

Q. When you changed the 20 l. note, what had you done with the other money?

Cooper. I had given it to the prisoner.

Q. Was he with you?

Cooper. He was not far off.

Robert Gargrave . I received a note of 50 l. from Messrs. Lee and Ayton, in Lombard-street, the 20th of last month, which note I paid to Mr. Golightly the same day, or the day after.

Q. Can you tell what was the number of the note?

Gargrawe. That I cannot tell.

- Bird. I am a silversmith in New-street, Covent-garden. This Mrs. Cooper came in after candle-light, and looked at some salts; then she said, I cannot have them unless you can change a 20 l. note. I sent out and changed it. I put it among more, that I cannot tell what the number of it is.

Prisoner's Defence.

I found it in the street, nigh to the door where I was examining my tickets, when I came out at the door. I am a corn-chandler in the Borough.

For the Prisoner.

Hugh Davidson . I am a pawn broker in Fleet-street. I have known the prisoner eight or nine

years. I never heard any thing amiss of him till now. His brother is a particular acquaintance of mine. I could have trusted his brother with any sum of money, and I think I could him.

John Miller . I am a carpenter in Wapping; I have known him from a child; he bears a good character.

Jonathan Matthews . I am a brewer in Artichoak-lane; he has dealt with me; he has a good character.

Robert Read . I have known him from the year 1745; he has a good character.

Alexander Grey . I am a school-master; I have known him eighteen years; I never heard any thing amiss of him.

Richard Matthewson . I have known him six years; I never knew any thing to embellish his character; he bears a good one.

Isaac Ducker . I am a soap-boiler; I have known him five or six years; he bears an upright character.

John Sims . I have known him almost five years; he has always had the character of an honest man; I have dealt with him.

Ralph Dixon . I have known him two years; I have dealt with him for scores of pounds; I never had any thing to say against him; he bears the character of an honest man.

Guilty . T .

4th December 1771
Reference Numbert17711204-28

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42. (L.) JANE DAVIS was indicted for stealing two copper pottage pots, value 10 s. the property of John Frisby , October 26 . +

John Frisby . On the 26th of October, between five and six in the evening. I lost these two porridge pots out of a back yard behind my house in the Old Bailey . I did not see her take them. Her master where she lived came to me on Sunday, and asked if I had lost two copper pots. I told him I had. I saw them afterwards before the Lord Mayor. The broker where she offered them to sale took her into custody. (The pots produced, and deposed to by the prosecutor) We missed them five minutes after we had seen them.

William Styles Jones . I am a broker. I live in Fleet-lane, a little below Mr. Frisby's. On the 26th of October the prisoner offered these two pots to sale; she said they were her own property; it was about five o'clock; I asked what she would have for them; she said six shillings. By the price I suspected they were stolen; I asked where she lived: she said in the Old Bailey with Mr. Metcalf; I told her I should be glad to see Mr. Metcalf, to know if they were her own property; I asked if she had a husband; she did not choose to give any account of her husband; I went with her; she took the pots in her hand and went up Fleet-lane, she turned at the top to the right hand; I said where are you going, this is not the way where you said you lived. I desired one of the constables to take charge of her; by that time Mr. Frisby had missed the pots; he came and owned them.

Prisoner's Defence.

I did not say any such thing to Jones. I met a young woman with these pots; I went along with her; Jones was not at home; in the mean time this young woman desired me to stop while the woman I met went to fetch herself some snuff.

Guilty . T .

4th December 1771
Reference Numbert17711204-29

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42. (L.) JOHN PARIS was indicted for stealing 4 lb. of tobacco, value 2 s. the property of Thomas Philpot , Dec. 4 . +

John Linton . I saw the prisoner take this tobacco out of a hogshead, marked A No. 1. It belonged to Mr. Thomas Philpot , it was at Lyon's Key Gateway , about eleven o'clock in the morning. I called out to one of the gangsmen to stop him. On being stopt he put this tobacco under his frock, and he had some in his bosom.

Prisoner's Defence.

I was employed in the tobacco business. I had three or four pounds given me.

Guilty . T .

4th December 1771
Reference Numbert17711204-30

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43. (L.) THOMAS SHEWEL was indicted for stealing one earthen jarr, value 2 d. and 25 lb. of raisins, value 10 s. the property of John Power and Michael Power , Nov. 7 . +

John Butler . I watch for Messrs. Power's on the keys; they are merchants ; they had some barrels and jars upon the keys; they were put by themselves, and were all marked with a red P. and they had a rush case over the jar; the prisoner came up to me on the 7th of November,

between five and six o'clock, and asked me if I should be there at night; I told him yes; I desired to know why he asked me that; he said I have something to come on there, and if you don't take notice I will tip you something: I turned away upon this, and I saw the prisoner take a jar from off the pile and set it by the landwaiter's box; then I saw him take the jar on board a ship; I jumped on board and seized him by the collar whilst he had the jar in his hand; he offered me a crown to let him go. The jar had Mr. Powers mark on it.

Ralph Rymell , another merchant's watchman confirmed this evidence.

Prisoner's Defence.

I put it down there by the boatswain's orders, it was the man that was cast yesterday that did it.

Guilty . T .

4th December 1771
Reference Numbert17711204-31
VerdictNot Guilty

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44. (L.) HANNAH SWIFT , spinster, was indicted for stealing a guinea and two shillings in money numbered , the property of John Bishop . Nov. 6 . +

Acquitted .

4th December 1771
Reference Numbert17711204-32

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45. 46. (L.) JUDAH LEVI and ELIAS LEVI , were indicted for stealing a linen handkerchief, value 10 d. the property of Joseph Crompton , Nov. 25 . +

Joseph Crompton . I lost a handkerchief while I was standing in Guildhall to see the lottery drawn on Monday the 25th of November, about a quarter of an hour before one o'clock. I don't know any thing of the person that took it. Mr. Pain came to me and said, you have lost your handkerchief, follow me and I will help you to it. I went after him and he laid hold of two boys. I don't remember the boys. (The handkerchief produced and deposed to by the prosecutor.) It is mark'd C.

William Pain. I saw the two prisoners come into the hall; I watched them, I saw what they were about; the great boy was pushing the little one on; they were both at this gentleman's pocket; they were so close I could not see whose hand was in the pocket; when they had got the handkerchief out they made off. I tapped the gentleman on the shoulder, and we went after them; the little boy had the handkerchief in his pocket, a corner of it hung out, and he said the great boy put his hand through his coat and picked the gentleman's pocket, and put the handkerchief in his pocket.

Elias Levi 's Defence.

I went of an errand for my master. I went through Guildhall. I stood about five minutes: a man took this boy, and he said here is another Jew; we will take him with us. I know nothing of the boy, he was not with me. I am a butcher . I am fourteen years old.

Judah Levi 's Defence.

I was going of an errand for my mother, and going through Guildhall I trod on something, I thought it was a piece of brown paper; I took it up, it was this handkerchief; I held it up in the light, and nobody owned it, so I put it in my pocket. This man came up and laid hold of me, and seeing the other boy he took him along with him.

Elias Levi called Abigal Silver who has known him three years, and Judah Levi called Henry Levi , his uncle, and Abraham Abrahams , who gave them a good character.

Both guilty . T .

4th December 1771
Reference Numbert17711204-33
VerdictGuilty > theft under 40s

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47. (M.) MICHAEL KENNEDY was indicted for stealing one silver tissue coat, value 3 l. one silver tissue waistcoat, value 30 s. and one pair of silver tissue breeches, value 30 s. the property of William Lester , in the dwelling-house of Thomas Goddard , Nov. 20 . ++

Wm. Lester . I am a taylor . I had a bulk in Coventry-street, and a lodging at Mr. Goddard's, a pastry-cook's. Mr. Goddard informed me that my room was robbed. I went home, and found a bundle had been taken out of it. I found the prisoner in custody, charged with committing the robbery. I found the mark of a chissel on the door. I lost these things out of my room.

Thomas Goddard . On the 20th of November, about half after five o'clock, I saw a man coming down stairs with a bundle under his right arm, and go out of the street door. I followed him over the way; I asked him what he had there? he said, cloaths. I asked him where he

got them? he said, from Mr. Lester's room. I said, I did not think that Mr. Lester was at home: he said he would go along with me. We went into the passage of the room, and called out for Mr. Lester: there was no answer. Then the prisoner dropt the bundle, and rushed by me into the street. I pursued him, and called, Stop thief! The prisoner ran into one door of a public-house, and out at another. I took him as he came out at the door.

Elizabeth Goddard . I heard my husband call out Lester three times, and then call Stop thief. I ran out, and found this bundle in the passage. (Producing it.)

Prosecutor. They are all my property; I bought them with intention to sell them again.

- Roberts. I apprehended the prisoner as he was coming out of the Queen's-Head.

Elizabeth Leyton . I saw the prisoner coming out of Goddard's between five and six in the afternoon.

Prisoner's Defence.

I am entirely innocent; I never was at Goddard's house; I had no bundle; I was coming by, I heard the cry, Stop thief! I joined in the pursuit, and they laid hold of me instead of the right man.

Guilty 39 s. T .

4th December 1771
Reference Numbert17711204-34

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48. (M.) SAMUEL RICH was indicted for stealing a silk cloak, value 10 s. the property of Letitia Moody , Nov. 20 . *

Letitia Moody . I had been out; when I came home this boy (the prisoner) and a man followed me in Stonecutters-alley ; the boy came up, and pulled my cloak off; then the man laid hold of me, and held me for about four minutes; the boy run away; I cried out, Stop thief! My master's apprentice, John Hobson , saw the boy run; he run after him, and took him. This is the cloak, (producing it) it is my property.

John Hobson . I was coming home; I heard a cry of Stop thief! the prisoner run post me; I pursued him; he ran into an alley; I followed him; I saw him on the ground, and the cloak lay by him.

The prisoner said nothing in his defence, nor called any witness.

Guilty . T .

4th December 1771
Reference Numbert17711204-35
VerdictNot Guilty; Guilty > lesser offence

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49. 50. (M.) FRANCIS GIDDY and THOMAS PHILLIPS were indicted for breaking and entering the dwelling-house of George Franklin , on the 6th of November, about the hour of one in the night, and stealing one pair of lawn ruffles, one tea chest with two tin cannisters, a stript lawn apron, one stript jam, one silk and muslin handkerchief, four linen shirts, one petticoat, and sixteen shillings and six-pence in money, number'd, the property of George Franklin , in his dwelling-house . ++

Mary Franklin . I am the wife of George Franklin ; we live in Virginia-street, Ratcliff Highway . Our house was broke open the 6th of November at night; before I went to-bed I fastened the windows and doors; in the morning the nurse told me the house was broke open: the window-shutters were broke open and shut too again; the drawers were broke open, and my cloaths were taken out of a tea-chest, and 16 s. 6 d. in money; there was a chissel left in the room; I lost all the things in the indictment; the money was taken from the top long drawer in the chest of drawers that was in the parlour.

Q. Did you take any notice of the windows or doors?

Franklin. There is the mark of a chissel in the window shutter now; a pane of glass in the window was broke; the shutters were on the outside; they were wrenched open with this chissel; I believe the bolt was taken off, it was there over night. I know nothing of the prisoners; I did not see them.

Margaret Butleys . I was in the house with Mrs. Franklin; I was first up; I got up about seven o'clock, and I went to the parlour about eight; when I went; I found the room broke open; the window shutter was broke open, and the bolt taken off; there was a chissel on the chair; the drawers were broke open: I never saw the prisoners before.

Edward Hall. I belong to Mr. Sherwood. I took Phillips the 11th of November; I took this Shirt off his back. (Produced and deposed to by the prosecutrix.)

Prosecutrix. This shirt was among the things that were lost that night.

William Marshall . I belong to Mr. Harris, who keeps a codsmack at Barking; I know the prisoners by sight; Phillips and I, and David Banks , were at the breaking open of the house; Giddy was not there; it was about a week before we were taken; we had each of us a chissel; we broke open the shutter; then we broke a

pane of glass, took the pane out; then we opened the window, and got in; I took some linen out; Banks broke open the drawer, and got some money out, and he checked us out of it; I am eighteen years old; I told what came to my share to Mary Farrell ; it was a pillowbier, a jam, a napkin, and a cap or two; Mary Farrell died in gaol; there was a shirt came out of the house; Phillips put it on at Saltpetre-bank.

Q. How long have you been acquainted with these lads?

Marshall. About two months.

Q. Did you never charge Giddy with this?

Marshall. No, he was not there; we met him afterwards, and he shewed us to his house to carry his things.

Q. Did you never tell the Justice that Giddy was in the robbery?

Marshall. No.

Q. Do you know what you signed before the Justice; was what you signed true?

Marshall. Yes.

Q. Was Giddy concerned in the robbery?

Marshall. No.

Samuel Randall . I was at the taking of Phillips along with Mr. Hall. (The linen produced.) This was found in Farrell's house by Smith.

Q. to the Evidence. Where did you get these things?

Randall. Out of the drawers.

Phillip's Defence.

I bought that shirt of a woman in Rag-fair, and gave two shillings for it; I am sixteen years of age: I am a cabinet-maker by trade.

Giddy acquitted .

Phillips guilty of stealing only . T .

4th December 1771
Reference Numbert17711204-36
VerdictsGuilty > theft under 1s; Guilty
SentencesTransportation; Transportation

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52. 53. (M.) ELANOR MATTHEWS spinster, and ELIZABETH LITTLEJOHN , spinster, were indicted for stealing two linen shirts, value 4 s. one cotton jam, value 5 s. one linen shift, value 1 s. and one linen apron, value 1 s. 6 d. the property of Robert Casey , November 11 . ++

Elizabeth Casey . I am wife of the prosecutor. I lodge at Mr. Green's at Chelsea . On the 21st or 23d of November I lost some wet things I had hanging upon the lines to dry.

- Southwell, a headborough at Chelsea, produced the things mentioned in the indictment. A pawnbroker produced the jam and white apron, which were brought to him by Matthews; suspecting her he stops her.

Richard Smith , a pawnbroker, deposed that he took in one of the shifts of Matthews.

Southwell. When I took the prisoner into custody I desired Littlejohn to tell me what she had done with the things; she owned she got over the wall and took the things while Matthews staid to watch.

The prisoners said nothing in their defence.

Both guilty 10 d. T .

They were a second time indicted for stealing on the 21st of November three linen shirts, value 4 s. the property of Henry Harwood . ++

Both guilty . T .

4th December 1771
Reference Numbert17711204-37

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54. (M.) RICHARD MISSITER was indicted for stealing one silver watch, value 50 s. two cloth coats, value 10 s. one cloth waistcoat, value 5 s. one pair of stocking breeches, value 2 s. three linen neckcloths, value 2 s. and two pair of worsted stocking, value 1 s. 6 d. the property of Richard Mahan ; one black cloth coat, value 4 s. one linen waistcoat, value 2 s. one pair of stocking breeches, value 5 s. one linen shirt, value 1 s. and one pair of worsted stockings, value 6 d. the property of James Eacob , Nov. 12 . ++

James Eacob . I am a journeyman smith . I lodged in Rope-maker's-alley, Moorfields . On the 5th of November, when I came from work in the evening, I found my door opened which I left locked when I went out, I missed the things mentioned in the indictment, The watch hung on a nail in the window. The prisoner lodged in the one pair-of-stairs. I suspected the prisoner; he was taken up, and some of my things were found, about him; and some picklocks I found, and some more of my things that had been pawned.

John Tooke . I am a pawnbroker in Grub-street. I received this coat, waistcoat, and breeches (producing them) of the prisoner, which belonged to Eacob, and the coat which Mahan has on his back.

Samuel Shipman . I am a pawnbroker in White-cross-street. I received this watch (producing it) of the prisoner on the 5th of November about nine in the evening. (produced a coat

and breeches of Mahan's, pawned by the prisoner on the same day.

Prisoner's Defence.

As I was coming home I met a man upon the stairs of this house; he asked me if I knew were there was a pawnbroker's, and desired me to pawn the things for him.

He called one witness to his character, who said he had nothing to say either for, or against, his character.

Guilty . T .

4th December 1771
Reference Numbert17711204-38
VerdictNot Guilty

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55. (M.) ROBERT MORRIS was indicted for the wilful murder of Peter Landrell . *

Thomas Fenton . I keep a broker's shop, Whitechappel-road , opposite the London-hospital. I was setting at my shop door on Saturday the 2d of November. The prisoner and the deceased stood at Mr. Monk's door; the prisoner called several times for a pot of beer. I can't tell how they came together. Mrs. Monk was then standing at the door; the prisoner seemed to be in liquor, and the deceased much more so, which was the reason, I believe, that Mrs. Monk would not let them have any liquor, for there was no beer brought. The deceased went away, the prisoner followed him, and just opposite my door said to him, What are you going away, won't you be your pint; and then he said, you have got no money in your pocket, or to that effect. The deceased turned round and took six-pence out of his right hand pocket, and held it out in his hand, and said, yes, I have money. The prisoner came towards him, and the deceased drew his hand back as he saw the prisoner coming, and the sixpence fell upon the ground; the prisoner attempted to pick it up; a little scuffle ensued, and the deceased was thrown down; the prisoner took up the six-pence from the ground, and went back to the public-house door, where they had been standing before, and he called for a pot of beer again. I did not see any beer brought; the deceased got up; he went to the prisoner, and asked him for the six-pence; the prisoner said, as no beer was brought, he would put the six-pence in his pocket; and he took his whip, and went into the road to the cart he was the driver of, which stood with bricks in the road; the deceased passed him to the near side of the horses; he went to the head board of the cart, to look at the number and name, as I imagined; the prisoner came round to him whilst he was looking at the head-board; some words passed between them (but what I can't tell) for about two or three minutes: then the prisoner hit one of the horses, and set them a going; the deceased turned round to the third horse, and caught hold of his bridle; I believe they call it got hold; the cart kept going on, and the deceased kept hold of the bridle, endeavouring to stop the horses, and he went on near thirty yards that way; at last I saw the deceased drop from the hold he had; he fell upon his back, and the wheel went over the lower part of his body; the prisoner went on with his cart, and somebody stopt it, I believe; I saw it standing in the road at some distance.

Q. How did the prisoner behave upon that occasion?

Fenton. He did not seem to take much notice; he was to much in liquor, I suppose he did not know the consequence.

- Lockston. I saw him hang by the side of the horses, and I saw him drop; he lost his hold some how or other, and fell down upon his back, and the wheel went over his belly.

Q. Could the prisoner, when he saw the man drop, stop the horses?

Lockston. I can't say; the horses were stopt about twenty yards off; I can't say who stopt them.

Cross Examination.

Q. Do you know whether the horses toss'd up their heads or not?

Lockston. I can't say.

- Monk. They came to my house; they called for beer, but they were both in liquor, and so I said I would not draw any. The prisoner went away; the deceased went after him, I thought it was to take the number of his cart. I saw the team go over him, but I did not see him till he dropt.

- Clark. I live at Leightonstone; I was opposite the cart at the time; I was at one Mrs. Crouch's; and I saw the deceased take hold of the reins of the horse; I did not see him go five yards before he fell; I saw the wheel go over his body.

- Landefall. I belong to the bank; I saw this accident. On the 2d of November I was coming by the Infirmary, I observed a cart standing at a public-house door, loaded with bricks; I walked on a little further about twenty yards perhaps; then I saw the cart come on, and a person hanging to the shaft horse on the near side by the bridle; he went on a few yards farther in that manner; he was pulling the horse very hard; the horse shook his head; he let go his hold, and fell under the wheel; he turned like, and the wheel went over him.

Q. Did you observe the prisoner strike his horses?

- Landefall. I did not. After this happened I walked on, and the deceased was taken up and carried to the hospital. When the people charged him with having killed the man, he put his hand in his pocket, and said, Why I will be two-pence to his three-halfpence; I told him so. He was very drunk, and stood very still.

- Toller. I am surgeon-beadle at the hospital; the deceased was brought into the infirmary, and died soon after.

Acquitted .

4th December 1771
Reference Numbert17711204-39
VerdictGuilty; Guilty; Not Guilty; Guilty; Guilty; Not Guilty
SentenceDeath; Death; Death; Death

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63, 64, 66, 67, 65, 68, (M.) LEVI WEIL , ASHER WEIL , MARCUS HARTOGH, otherwise ASHEBURGH JACOB LAZARUS, otherwise HYAM DRESDEN, otherwise HYAM LAZARUS , SOLOMON PORTER, otherwise MOSES , LAZARUS HARRY , and Abraham Linevill (not yet taken) were indicted for the wilful murder of Joseph Slew , by giving him on the 11th of June , with a bullet discharged from a pistol on his back, near the right shoulder, a mortal wound of the depth of six inches, and the breadth of half an inch, of which said mortal would he languished from the said 11th of June, until the 12th of the same month, and then died; and the others for being present, aiding, abetting, comforting, assisting, and maintaining the said Levi Weil , the said felony and murder, to do and commit . *

Elizabeth Hutchins . I live in the king's road, Chelsea . I keep a farm there. About six weeks before my house was robbed, Higham Lazarus came to my house and enquired for one Boetham; I told him I did not know any such person; he said he was a weaver.

Council for the prisoner. Can you speak with certainty to Higham Lazarus ?

Hutchins. Yes; I was sitting in the parlour; on the eleventh of June, about ten o'clock at night I heard the dog bark; my men were gone to bed.

Q. How many maid servants had you up?

Hutchins. Two maid servants. I called them to see what was the matter with the dog. In a short space of time I heard a noise; I ran to see what was the matter; I found my maid Mary Hodgkin , with her cap off and some men using her extremely ill.

Q. Can you recollect the faces of any of the three men?

Hutchins. I believe the doctor, that they call Levi Weil , was one.

Q. Do you swear to his being one?

Hutchins. I do, to the best of my remembrance; the other's name is Highham Lazarus;

my fright was exceedingly great. I did my endeavour to assist her; but one pushed me into a chair, and pulled my upper petticoat over my head; I believe it was the Doctor that laid hold of me.

Q. Do you recollect any of the others?

Hutchins. No; I put my coat down again, then they put it up again, and said if I valued my life I must keep it there; then I heard the cook cry very much; one of them said cut her throat; another said, you Bish, if you don't hold your tongue I will cut your throat; if you hold your tongue I will cot murder you; they were all in the same room.

Q. Do you know who it was made use of that expression?

Hutchins. No, my coat was over my head; I could not see them: as they were pleased to speak so favourable, I begged them to make her hear, for she was deaf; then they came to me and offered to tie my legs; I begged they would not, and said I would not stir; then they all went to another room; the door of that room was locked; they said, if it was not immediately opened they would break it; they returned again in about five minutes. I heard them go up stairs; a little time after they were gone up, I heard somebody cry, Fire! and swore very much, I then heard a pistol go off.

Q. How long was that after you heard the word fire?

Hutchins. In about the space of a minute. I then ran to the back door, endeavouring to get off.

Q. On the pistol going off, did you hear any cry or shriek?

Hutchins. I heard the man cry out, and beg they would not; I could hear no more. I took hold of the latch of the back door, endeavouring to get out, but I found some men at the outside of the back door who prevented me: They said, if they were not my friends, they would blow my brains out. It was when the pistol went off that attempted to make my escape out of the back door.

Q. Do you know then whether the five persons you spoke of were in the house?

Hutchins. No, I cannot tell; I returned to the chair. Then I heard a very great russling, and screaming, and noise above stairs, as if they were throwing the servant down stairs; and a little while after I heard another pistol go off.

Q. What distance of time might it be between hearing the two pistols go off?

Hutchins. A very short space of time.

Q. How long after the tussel on the stairs was it before you heard the other pistol go off?

Hutchins. A very little time. Then I saw the wounded man endeavouring to get down: He came to me, and said, How are you, Ma'am, for I am a dead man! Those were his words: He turned short, and fell down upon the ground; his shirt was on fire close to the wound, and I put it out; the blood ran down his legs: When he fell down I saw the wound; it was just under the shoulder.

Q. Did you see blood issue from that wound?

Hutchins. Yes, and the blood that was running down his legs proceeded from that wound. He groaned very much, and complained of being cold.

Q. Had he any thing on but his shirt?

Hutchins. No, nothing. Then I heard the people in the house run from room to room; then they came down to me, and one of them took the buckles out of my shoes.

Q. Can you tell who?

Hutchins. To the best of my knowledge Levi Weil . They then attempted to put their hands in my pocket. I begg'd they would not, and I would give them what was worth their acceptance; upon which they desisted, and I gave them my purse and watch: There were three there then.

Q. Do you know any besides Levi Weil ?

Hutchins. No, I do not. They asked me where my plate was. I told them.

Q. Do you know which asked you?

Hutchins. I cannot say; I believe it was the little man. Hyam Lazarus; there were three with me then. Levi Weil , and him, and another which I can't describe. They took the plate out of the cupboard, and gave it to their companions at the back door.

Q. Did you find any of your plate again?

Hutchins. No: Then they went into the parlour, where there was a bureau, and broke it to pieces. The doctor and a little man went into the parlour. I followed them. I told them there was nothing there worth their having, for there was nothing but paper. Then one of them struck me in the face with a pistol, and was going to shoot me, for he put his finger in the trigger, but the doctor guarded the pistol off with his hand.

Q. Who is that man?

Hutchins. He was a thick short man: he is

not here; he cut my lip with the pistol, and loosened one of my teeth. They said they must have money and notes; that they came for money and notes.

Q. Did the doctor say any thing when he pushed the other man's pistol by?

Hutchins. Nothing at all. I told them I had a little money. They asked me to shew them where it was. I went up stairs, unlocked the drawers, and gave them a purse with sixty-one guineas; and the same old man turned round, and would have shot me, and said I had notes.

Q. He is not here?

Hutchins. He was a short lusty man; he is not here, or my fright don't permit me to know him.

Q. Did you lose any silk?

Hutchins. Yes, a piece of lemon-coloured silk.

Q. Who prevented him shooting you the second time?

Hutchins. The same man, the doctor, pushed him by the shoulder, and prevented him.

Q. Whereabouts was the silk?

Hutchins. In a chair on the left hand side of the parlour, wrapped up in a handkerchief.

Q. How long had you had it?

Hutchins. I cannot justly say; I had it of one James Eyre , a dyer.

Q. Was there any thing remarkable in the silk that you can know it again?

Hutchins. There were some spots of grease upon it.

Q. What quantity was there of the silk?

Hutchins. I never measured it.

Q. Did you see them take it away?

Hutchins. No; the silk was there; I missed it as soon as they were gone.

Q. Had they all pistols?

Hutchins. I saw several; I think they had all pistols.

Q. How was he dressed?

Hutchins. In a darkish red sort of a great coat.

Q. Were they all dressed alike?

Hutchins. All dressed in great coats alike. excepting the lusty man, he had not; to the best of my knowledge he had a kind of a light brown coat.

Q. A great coat?

Hutchins. I cannot very well say.

Q. Was there any thing particular in their great coats?

Hutchins. No; only they were so long, they reached down almost to their heels; there were three of them so equal in height, that you might have rolled a ball on their heads.

Q. Did they bring any lights with them?

Hutchins. They dou'ed our candle, and in a little time lighted brown wax-candles of their own; there were several lighted.

Q. Was it a wax candle that rolls up?

Hutchins. Really I cannot say.

Q. Had they any thing of a box to put it in?

Hutchins. I saw nothing; they held it in their hands.

Q. Have you ever seen any of the things you lost?

Hutchins. I have seen the piece of silk, as I think; I cannot speak positive to it, one piece is so much like another. There were two grease-spots upon it; I objected to it on that account.

Q. When did they go away?

Hutchins. Immediately after the man attempted to shoot me because I had not the notes. I found my maid, Mary Hodgkin , tied hand and foot when I went down; I released her, and found the other maid in the same situation.

Court. You have spoken your belief as to Levi Weil and Hyam Lazarus, in the frequent opportunities you have had of seeing them; have you any doubt remaining in your own mind whether Levi Weil was one of them?

Hutchins. I cannot swear positive to them.

Q. Have you any doubt further than what arises from a difficulty of swearing to the identity of any other man that you had never seen before?

Hutchins. No.

Q. Then you do believe he was the man?

Hutchins. To the best of my knowledge he is.

Q. Do you believe he is, or not?

Hutchins. I do believe he is: they were disguised with their coats, and their hats stapp'd.

Cross Examination.

Q. This happened on the 11th of June; some little time after that, Levi Weil and Hyam Lazarus were in custody in the Borough; do you remember that?

Hutchins. Yes, very well.

Q. Did you see them in the prison at St.

Margaret's-hill, when they were publicly examined before the Magistrates?

Hutchins. I did.

Q. When you attended, it was broad daylight; had you a full view of him then, and Hyam Lazarus?

Hutchins. I had.

Q. I believe you expressed yourself at that time that you had no recollection of his face or Hyam Lazarus?

Hutchins. I said I believed they were the men then.

Q. But they were discharged?

Hutchins. That was because I could speak no otherwise than that I believed they were the men.

Q. Was it put to you, whether they were the men that committed the murder and robbery at your house?

Hutchins. It was; and I said I believed they were the men.

Q. I believe it was desired by somebody present that they might speak, that you might recollect their voices again?

Hutchins. It was for my cook, not me.

Q. They all spoke at that time, I believe?

Hutchins. They did.

Q. A question was put to one, that he might give an answer, that you might hear his voice?

Hutchins. There was a coat the doctor had on, which I thought he had given to the little man; I desired to know if that was the coat he had on; it was not for his voice at all.

Q. You have seen him several times?

Hutchins. Yes.

Q. Pray have not you always, from that time to this, expressed a doubt of his being the person; and Hyam Lazarus and he has been discharged?

Hutchins. Yes, I had the same opinion of them in the Borough as I have now; I expressed myself so there.

Q. You say he was disguised by his coat, and hat flapp'd?

Hutchins. Yes.

Q. Do you mean it was button'd up to his face?

Hutchins. Yes.

Q. Considering him so disguised, and you seeing him before, and expressing great doubts about his being the person, how can you be more positive now?

Hutchins. Because there are corroborating circumstances have arose since, that strengthen my opinion.

Q. It is mere matter of opinion then as to the person of the man; your doubts would be the same if it was not for these circumstances of the reality of the man?

Hutchins. They would.

Q. You was in equal doubt with the little one (Hyam Lazarus) in the Borough too, I believe?

Hutchins. I did not care to swear to him; I had the same opinion of him as of the doctor.

Q. Whoever that person was, you say the person you apprehend be the doctor darted off the pistol from your face when the man would have shot you?

Hutchins. Yes.

Q. Have you reason to think that person would have killed you, if it had not been for that man?

Hutchins. Yes.

Q. Were those three people up stairs all of a height?

Hutchins. No.

Q. Do you think the men you took to be the doctor saved your life?

Hutchins. I do believe so.

Court. You swore you thought the same then as you do now?

Hutchins. I did.

Court. Can you explain what your doubts were?

Hutchins. Because one face may be so nearly like another.

Q. Have you any other reason to doubt about it but that?

Hutchins. No other.

Council for the Crown. When you saw the little man in the Borough, was there any circumstances respecting his hat you observed?

Hutchins. There was brown wax on his hat, the same as they had in the house; he had a brown wax candle in his hand in the house.

( Percival Phillips produced the silk.)

Mrs. Hutchins. The silk was wrapp'd up in a pocket red and white handkerchief, which belonged to the dyer.

- Stone. I am a servant to Mrs. Hutchins; I was in the house that night; Joseph Slew was a-bed with me; we were asleep till the men came up into the room; I saw five in the room; one of them struck me on the breast, I believe with a pistol, and so waked me.

Q. Do you know whether either of the prisoners are the men?

Stone. Them three are, I believe. (Pointing at Levi Weil , Hyam Lazarus, and Solomon Porter .) I jump'd upon my right side, and asked what that was for? one of them answered, D - n your eyes, you son of a bitch, if you speak another word I will blow your brains out.

Q. Do you know which that was?

Stone. I cannot tell; as soon as they spoke that word, my fellow-servant jumped up, and I heard one of them cry, Shoot him, and directly there was a pistol discharged, and he cried out.

Q. Can you tell which discharged the pistol?

Stone. I cannot say that.

Q. How near was the pistol to him when it was discharged?

Stone. Close to him, I suppose; the blood was all in the bed; he cried out, Lord have mercy on me, I am murdered, I am murdered! There were two on each side of the bed, and one stood at the foot of the bed; they went all round, and dragg'd him to the stair-case, all five of them. I lay on that side of the bed next the window. When they had him at the stair-case, I supposed they were going to throw him down the stairs; I jumped up, and got through the window; as soon as I had just got on the outside, and fell into the gutter, they discharged another pistol. I climbed up and got on the ridge of the house; they fired out, I supposed they fired at me; from the ridge of the house I got into a gutter on the lower part of the house; I was there the space of about ten minutes; I heard a man at the door ask who was there? Then the door was opened, and they came out of the house.

Q. How many men did you see on the outside?

Stone. There were two at each door; as soon as the door was opened, they came out; I heard them say one to another, It is time for us to be gone: one of them made a whistle like; and then I heard a man or two come from the fore part of the house to the back part; then they went out of the yard through the fields.

Q. When did the poor man die that was shot?

Stone. About three o'clock next day.

Q. When they all went away together, how many might you see?

Stone. I thought there were nine of them; there might probably be more.

Cross Examination.

Q. Was you in the Borough when these people were in custody?

Stone. Yes.

Q. You saw some of them in gaol?

Stone. Yes.

Q. You recollect the doctor was in custody before the Justices at St. Margaret's-hill; at that time you did not charge him with being one?

Stone. Yes, him and the short one.

Q. What did you say of them?

Stone. To the best of my knowledge I said I really thought them to be the men in the house.

Q. They were examined the next day at Sir John Fielding 's?

Stone. I was not there.

Q. Was you ever at an examination before Sir John before they were taken up this last time?

Stone. No, never but that day when we came over from the Borough.

Q. What did you say before Sir John Fielding ?

Stone. I swore, to the best of my knowledge, that they were two of the men; and Sir John acquitted them before I saw them any more.

Q. Did you or not tell Sir John, you could not be positive they were the people?

Stone. No.

Q. Did not Sir John discharge them?

Stone. Yes.

Court. That he might, and he might do wrong.

Hyam Lazarus. He did not swear to me before the Justices.

Stone. I did to the best of my knowledge.

Levi Weil . You did not know me then?

Stone. Yes, I pointed to you all three.

Q. from Hyam Lazarus. Please to ask him if he can take his oath he was not persuaded by the evidence to swear against us?

Stone. No, I swore to the best of my knowledge before any evidence was, both in the Borough and before Sir John; I swore to the best of my knowledge they were the men.

Q. from Hyam Lazarus. Whether Sir John Fielding's men did not persuade you to swear it?

Stone. I will take my oath not one of Sir John Fielding 's men spoke to me concerning it.

Cross Examination.

Q. Whether the account you have now given respecting Solomon Porter is the same account you gave before the justices?

Stone. The same.

Q. You mean to say it is exactly the same?

Stone. Yes.

Q. Did not you say before the justices that you apprehended, but could not be certain?

Stone. To the best of my knowledge?

Q. Did you say you could not be positively certain.

Stone. I said I was not positive of him, but I was of the other two.

Q. How long had you been a-bed when this affair happened?

Stone. About three quarters of an hour.

Q. Did not you wake with great fear and fright?

Stone. Yes.

Q. Can you recollect how long the men stood in the room?

Stone. No; I was so frightened?

Q. Can you recollect on which side of the bed either of the prisoners stood?

Stone. I think the doctor was on the side the deceased was, and the short man and the elderly man I suppose to be sixty years old on the side I was.

Q. Can you say with precision where Solomon Porter was?

Stone. To the best of my knowledge I think these three men were in the room; the Doctor and Porter were, I think, on the same side as the deceased.

Q. Will you venture to say upon your oath Solomon Porter was on that side the bed?

Stone. He was to the best of my knowledge, I am certain he was there; I just saw the glimpse of his face when I awaked.

Q. Can you speak with precision and certainty?

Stone. Not to him I will not, but the other two I am certain of.

Mary Hodgkin . I am servant to Mrs. Hutchins's. The dog barked about eleven o'clock. I had fastened the door for the evening; the other maid was going to open the door; I desired her not to open the door; she did open it; I went and looked out; I looked round and saw a man; I attempted to shut the door; the man that is the doctor, I believe, forced a stick between the door; the girl screamed out and ran into the fore parlour; when I run to the door they came up; one fell upon me; I saw but one, there was more came in which I did not see.

Q. Who do you believe that to be?

Hodgkin. That looks like the man (points at Levi Weil .) they threatened my life; they afterwards drawed me into the kitchen, and tied my legs and hands; they put my gown tail over my head; I saw no more; I heard the pistol go off; I saw a man come down stairs with the blood trickling down. I saw him upon the ground afterwards. I said, is it you, Slew? he said, yes; he said he was shot all to-pieces.

Q. Did you see the men have any thing in their hands?

Hodgkin. The man that first came in had a stick and a pistol.

Cross Examination.

Q. You say Levi Weil looks like the person?

Hodgkin. He seems to be the person.

Q. Why do you think he is like the person; did you see his face as you see him now?

Hodgkin. I saw him twice before Justice Fielding?

Q. Did you see him well at the time? Did you charge him in the Borough?

Hodgkin. He was dressed and powdered, and I did not at first so well know him; but the stick was brought in there that he had in his hand.

Q. What sort of a stick was it?

Hodgkin. It seemed to be a cane.

Q. When the cane or stick was thrust between the door, was the candle out?

Hodgkin. Yes; but there was a light in the back kitchen.

Q. There could not be above five or six inches of the stick in?

Hodgkin. No; I cannot swear it was, it is like it.

Christian Adams . I was a servant to Mrs. Hutchins; at this time I went to look at the door when I saw the men rush round the corner; I ran and locked myself into the parlour; it was some time before they came to me; I did not see any of their faces.

Daniel Isaacs , called.

Court. Now prisoners, you know the tribe

this man is of; you may have him sworn in that manner as is binding on that tribe.

Hyam Lazaru. I do not know, he has turned from a Christian to a Jew several times, I have been informed so in the gaol.

Mr. Myers. There is no difference in the swearing of a Jew; you must swear them on the decalogue.

Q. Can you speak English?

Isaacs. I do not.

Mr. Myers is sworn interpreter, and also sworn in chief.

Q. Do you know the six men at the bar?

Isaacs. Yes, all but Lazarus Harry. ( Pepehis their names.)

Q. How long have you known them?

Isaacs. From much about this time twelvemonth.

Q. Have you been often in their company?

Isaacs. Yes.

Q. Did you ever hear them talk about any person living at Chelsea?

Isaacs. We were together 17th of March; the captain ( Asher Weil ) proposed we should go together to Chelsea; one of the company, Hyam Gravis , came to me and wanted me to go with them; I said I was sick and could not go.

Q. Did they mention any person's name?

Isaacs. They said to a widow's and a lord's at Chelsea.

Q. Who was in company with the captain at this time?

Isaacs. His brother Levi Weil , Solomon Porter , and one not taken; there were only those five at the bar, not Lazarus Harry.

Q. What were they to go to Chelsea for?

Isaacs. To break into a house with a design of thieving. I had been in their company on an illicit trade, and they consided in me, and asked me to be of this party.

Q. Did you or not accept of their proposal?

Isaacs. I said I was sick and could not go.

Q. How long was this proposal made to you before the robbery was committed?

Isaacs. On the 17th of March we were together.

Q. from one of the prisoners. Mention the names of the calendar months of the year?

Isaacs. I can do it. (He repeats them.)

Court. Whether it was in spring. summer, autumn, or winter?

Isaacs. It was before the feast of our passover, which corresponds with Easter, the months Lessen, which correspond with part of March and April. Sunday night 17th of March we met together at an alehouse in Woolwich-street.

Q. Did you see them together between the 13th of March and the time the robbery was committed?

Isaacs. After the feast of the passover; much about the 7th of April; we met together at a widow woman's one Mrs. Moses.

Q. Have you seen them together since the robbery?

Isaacs. Yes; on Saturday night before the information was lodged at Sir John Fielding , Weil and his wife was with me at Mrs. Moses.

Q. Did you ever hear either of the prisoners talk of Mrs. Hutchins?

Isaacs. That very Saturday night Levi Weil invited me to go again upon such business; and said it would be much better for me to go with them, for they had business to procure them 40,000 l. and it would be better to be a gentleman, and possess money, than to be a beggar with my wife and children. I said I was afraid and would not go; and my wife would not let me go any more with them. Said he, you need not be afraid, you have heard what we did at Chelsea, how we shot one man, and if there had been twenty more we should not have been afraid.

Q. Was any others there at that time?

Isaacs. Only my wife, myself, and Levi Weil .

Q. Did you ever hear any one of those five talk of Mrs. Hutchin's by name?

Isaacs. When we were at the alehouse that was relative to what had happened at Mrs. Hutchins's I was with them in the country one time; three were a horse back and three a foot; we lodged together in the post-house; there were the captain, his brother Hyam Lazarus , and Abraham Linevil who were on horseback.

Q. Was that after Mrs. Hutchin's robbery?

Isaacs. No; before.

Q. Whether you ever saw them all together after the robbery?

Isaacs. I went abroad directly after that.

Q. from Hyam Lazarus. Where were the horses hired?

Isaacs. I can't pretend to say where the horses were hired.

Court. Prisoner, you had better not ask these questions; we are confined now to the affair at Chelsea; they may do you harm, they can do you no good.

Mr. Myers. He says he has omitted one material thing at the time of meeting in March; they said they would cut him up into thongs if he did not join them.

Q. to Mr. Myers. does this tally with the account that he first told you?

Mr. Myers. Yes, exactly; he came to me and discovered this.

Solomon Lazarus . I did live in Rupert-street, Goodman's Fields; now I am in a lodging.

Q. Do you know any of the prisoners at the bar?

Lazarus. I do; I can't see at a great distance?

Court. Go down and look at them Lazarus, (he goes to the bar.) I know them all.

Q. Have you had any conversation or dealings with any of them?

Lazarus. If your lordship please to indulge me to let you know why I did not discover it before, when this thing happened I had some goods I received from them, when I read a paper describing them I was struck with astonishment; they were all Jews; I did not care to discover them; I was afraid it would make a great noise in the nation; but when Mr. Myers and several other worthy gentlemen were determined to find out these people, I sent to Sir John Fielding , and told him I would make a voluntary discovery, if he would admit me an evidence. I had a note from Sir John Fielding wherein he promised to admit me an evidence, if I could give material evidence respecting this business.

Council for the crown. Now you are upon your oath, tell the case truly.

Lazarus. I will tell the whole truth, and no less nor more. On Wednesday the first day of our month, which we call Abib, which is the 11th or 12th of June; it was the first day of our month, Asher Weil and Levi Weil came to me about nine or ten in the morning; they asked me to walk up stairs with them; Asher Weil had a handkerchief in his hand with something in it. It is a handkerchief with red spots; the first thing they said they had some things to sell there. Asher Weil put the handkerchief on the table; when I opened it, there was a piece of lemon-coloured silk in it, and then he drew some silver out of his pocket. I sold the piece of silk to Mrs. Cavernor, (this is the colour) it is made up now.

Q. How was it when you sold it them?

Lazarus. It was in a piece, there was about fifteen yards and a half.

Q. What did you do with the handkerchief?

Lazarus. I gave it to my wife. They put some silver on the table, I think a half-pint mug, some spoons, some casters of cruets, and I believe tea-tongs. I cannot tell every particular. Then he drew a watch out of his waistcoat pocket, and laid it on the table, it had a green outside case, the inside was gold; the outside green dog-skin; it was a small watch, it had a steel chain to it.

Q. A man's or woman's watch?

Lazarus. A man or woman might wear it.

Q. Any seals?

Lazarus. No; and there were three or four tops of cruets, and a pair of womens oval paste shoe buckles. I sold the watch to Mr. Robinson; he gave me five or six guineas for it.

Q. What did you give for all these things?

Lazarus. I bought them all together for 14 l. I sold the watch to Mr. Robinson, the other I sold to one Mr. Douglas, a Scotchman for 9 l. 18 s. he allowed me five shillings and six-pence an ounce. I had a piece of muslin of him in part and the rest in money. They did not at that time tell me where the things come from; but a day or two after I read the news-paper, and I saw murder had been done. I was shocked. I met Asher and Doctor Weil after that in Aylife-street, I said these things you sold me came from Chelsea; you have done murder among you; he replied, they were opstropilus; they had not men enough, and they were obliged to shoot the man. This conversation was in the street, and then they told me who was along with them, and which way they got in. I asked him who was along with them, and they told me.

Court. You must mention only what they said of themselves, not what they said of other persons.

Lazarus. They said they came to the house between 10 and 11; there was a great huge dog in the yard, and Asher Weil had a great club stick in his hand, and the dog going to bark at something, he knocked him upside down, but he rose up on his hind feet again, then the doctor said he shot the dog, and the dog was

stupified and ran away; that on the noise somebody opened the door to see what was the matter, and they rushed in; he said he shot the dog in the head; he said the dog stood upon his hind feet and would not let them come nigh the door; the dog did not mind the first stroke; that he shot the dog, and the dog ran away stupified. The family hearing a noise, opened the door, and they rushed in. They said a servant maid caught one of them by the collar. I think they got a purse of sixty-one guineas, and another little purse of ten pounds I think, and these other things I mentioned first.

Q. Did this all pass in the street?

Lazarus. They did not tell me in the street which way they got in, but when they came to my house, there was Abraham Linevil , doctor Weil and Asher Weil . They came to my house a few days after I met them in the street. Abraham Linevil disputed, and said, that so much money more was taken, and he ought to have his share; they said there was no more; he went away before them; then the two Weils told me that they had the money; the doctor said Linevill did the murder, and Linevill said, how could I do it when I stood centry? You shot the man; and Levi Weil did declare to me that he shot the man; he said some people came upon the wall, and they shot after somebody else.

Q. Did you see them any other time?

Lazarus. Yes, several times after.

Q. Did you ever see any of the other prisoners at your house?

Lazarus. Yes, Hyam Lazarus a week or ten days afterwards; he came in with Asher Weil , and said he had but five guineas out of the whole; they said Hyam Lazarus was centry and he ran away; and they said he was not fit to go upon such business.

Q. Did Hyam Lazarus acknowledge being, one of this party himself?

Lazarus. They all said he was not in the house, that he was only centry.

Cross Examination.

Q. You had some scruple of conscience afterwards, was that before you appeared in the Borough, or after you was in custody?

Lazarus. All the while.

Q. You remember these people being before the Justice in the Borough, what part did you act there?

Lazarus. Only to prove a man lodged at my house.

Q. Did you act as a solicitor there?

Lazarus. No.

Q. You gave evidence before the justices?

Lazarus. That was that this Lazarus Moses came over with a recommendation, that if I could lodge him at my house I should.

Q. You was sworn before the justices in the Borough?

Lazarus. I do not know whether I was or not.

Q. Was you examined?

Lazarus. Yes, for nothing else but about this Lazarus Moses.

Q. You was sworn to speak the truth at that time?

Lazarus. Yes, and I did speak the truth.

Q. from the Doctor. Was you in custody?

Lazarus. Yes, on suspicion of stopping a post chaise.

Q. Was Asher Weil in custody?

Lazarus. No.

Q. Did not you drop something before the justices that you knew the man to be a man of integrity?

Lazarus. I was no witness.

Q. The place where the acknowledgement of the murder was in Ayliff-street, I think?

Lazarus. Yes.

Q. Was that the privatest place for him to confess a murder? he did not enjoin you to secrecy, and it was in the street?

Lazarus. Yes, as a matter of course they desired me to take no notice of it.

Q. You have sworn he told you he shot the dog?

Lazarus. Yes he told me so.

Q. Are you sure this story of shooting the dog might not relate to the man?

Lazarus. No, the man is quite a different thing.

Q. He told you this story in the street?

Lazarus. Yes, we spoke in Dutch; nobody could understand us.

Q. You was not the first person that had disclosed this thing to Sir John Fielding , Mr. Myers had been with Sir John before this?

Lazarus. Nobody knew the facts but me.

Q. But was it so or not?

Lazarus. I believe it was so.

Q. You stipulated with Sir John to be an evidence?

Lazarus. Yes, when I found Mr. Myers and all the gentlemen had undertaken it I thought it was no sin to do it.

Mr. Myers. When Isaacs had impeached him as being the receiver, it was after that he turned king's evidence.

Q. You knew Mr. Myers had informed Sir John you had received the goods, then your conscience took place?

Lazarus. The last witness told Sir John that I had bought some of the goods that were taken from Wormley.

Q. You have dealt in plate a great many years?

Lazarus. Yes.

Margaret Caverner . Q. Do you know the witness Solomon Lazarus :

Caverner. Yes, I bought a piece of silk of him the latter end of June; there was about fifteen yards and a half; he left it; I look'd at it; there was some spots in it. I kept it near six months before I made it up. The spots are in it now.

Q. Who did you part with it out of your possession to?

Caverner. Only my mantua-maker.

Q. Look at the prisoners, do you know any of them?

Caverner. No, only Levi Weil, I once saw him with Solomon Lazarus a good while ago.

Percival Phillips . I had this gown of Mrs. Caverner.

Joseph Eyre . I sold Mrs. Hutchins some silk. I am certain this is the silk I sold her. I bought it of a customer for my wife. I took it home; we opened it and measured it on my counter, there was about fifteen yards and a quarter on it; we took it into the parlour; my wife complained it was full of wrinkles. She said this end did not turn out so well as the other. I said an iron would take it out, and make it as stiff as the other part. She said if it did she would have it. An iron was put to the fire, the iron immediately upon our applying it, drew three spots of grease from the iron-cloth, and there were two pinches in it which seemed as if screwed up about three quarters of a yard distance from one another.

Q. Are you sure that is the silk?

Eyre. Yes; here are the spots. (Pointing them out and shews them to Mrs. Caverner.

Q. Do you see the spots?

Caverner. Yes, and they are the same spots.

Eyre. My wife refused buying it on account of this grease.

( John Noakes produced a handkerchief.)

Eyre. It tallies with one that I have, but I could not pretend to swear to it; the silk was tied up in such a handkerchief.

William Wood . I keep one of the bars at the king's private road.

Q. Do you know either of the prisoners?

Wood. My sight is bad.

Q. Should you if you went near them?

Wood. No, I have but half the sight of my right eye.

Wood. Do you remember any enquiry being made of you about Mrs. Hutchins?

Wood. Two men came to me to make some enquiry; they asked who kept the farm just beyond me. I told them a widow gentlewoman; they asked me if there was a lodger there, they mentioned somebody, I forgot the name. I believe it was fictitious. I said she let out no lodgings, she was a gentlewoman and lived upon her own farm; they asked me how many men she had. I said two that lay in the house. They asked me how many carters she had, and whether they were married or single men. I told them I could not tell. They asked me whether any of them laid in the barn or the stables. I said I did not know, they were out all hours to go to market. They asked me if any women laid in the barn or stables. I told them there was more or less, I could not tell how many worked for her. I told them I could not tell, nor do I know now when I said she had no lodgers. They said she was a handsome likely woman, and they had been with her and asked for the same name, and thought the man did lodge with them. I keep a public house; my girl carried beer there. I keep the chequers.

Q. How long was this before the robbery?

Wood. As near as I can guess, two month; there was but one of them asked me any questions; the other stood still; at last he said, shall we go? he paid for his pint of beer; then he turned round in my face, and said, d - n me, you are as knowing as we are ourselves.

Q. What sort of a man was that that asked the questions?

Wood. A short thick well-set man; he that sat down was taller; it was he that asked me so many questions that said that. In half an

hour's time I sent Mrs. Hutchins word by her caiter.

Q. Who was present at this time?

Wood. Squire heard part of it, but not the whole.

Q. Could you distinguish by their pronunciation, whether they were Englishmen or not?

Wood. I did not perceive but what they were Englishmen, they spoke good English, and I have been a serjeant in the first regiment above twenty years.

Council for prisoners. So then, after you had told them every thing they asked you, they complimented you on your silence.

Thomas Squire . He in black and the short man next to him ( Levi Weil and Hyam Lazarus). I think are the men I saw at Wood's near six months ago. I heard them ask Mr. Wood some questions about Mrs. Hutchins, what servants she kept, and who laid in the house.

Q. What did he say to them?

Squire. He said who laid in her house he could not say.

Cross Examination.

Q. Which asked the questions, the tall or the short man?

Squire. The short man. I went away while they were talking.

Council for the crown. We have witnesses to prove they were together in the month of March at Walford; that they were together at Henley, and at other places.

Court. I cannot apply that to this.

Asher Weil 's Defence.

I should be obliged to Mr. Myers to interpret what I say.

(Mr. Myers interprets.)

First, when my brother was taken on the other side of the water, I went voluntarily to Sir John Fielding ; any child would have conceived if I had been guilty I should not have gone to the justice of my own accord. Secondly, it will be shewn from their evidence that I was no ways concerned in this affair. Thirdly, that if the character of Blind Zelick, Solomon Lazarus be enquired into, it is well

known to the court he makes a common practice of it. I hope there will be no confidence given in what he has said, as his character is well known to the court, he is a very bad man and will swear any thing for money. How is it possible that I should open in such a manner, as the evidence declares, in the public street? it would have been as possible for him to be one of the acting gang at Mrs. Hutchins, as well as he was concerned in a theft relative to Lord Baltimore; when I was brought before the magistrates in the Borough, two of the councils were present. Solomon Lazarus entered into a defence of my brother; if he knew any thing of their crimes, why did he not discover it then? He would hang any body in his power for money. I have been two years in this country, and challenge any one to accuse me of any misdemeanor. I always endeavoured at an honest livelihood. I am a general trader in all all sorts of goods. I went down to Birmingham to deal in these kind of things. (Producing some gem stones.) I hope the court will indulge me with time. I am slow of speech; I hope the court will give me time to consider in the calling of my evidence. I have no knowledge of the evidence Daniel Isaacs . I have been so blackened, my friends are almost afraid to appear in my behalf.

Levi Weil 's Defence.

My lord, and gentlemen of the jury, the fair trial with which you have been pleased to favour me, most gratefully deserves my unfeigned thanks, begging your further continuance of your favours towards me in allowing me, uninterrupedly to plead for my life, which I am in the greatest danger of being deprived of on the affidavit of a false and malicious evidence, who, for the sake of money, would sacrifice any man, were it in his power. I shall not trouble your lordship with any long preamble, it will suffice when I with the greatest regret reflect on my situation, my being charged with a crime so cruel and notorious. The evidence Solomon Lazarus , I hope, my lord and the jury, will put no confidence in. He is notorious for uttering false money in the English army; he has been for that tried, and cast to be hanged by the late Marquis of Granby; he received mercy from that gentleman on condition of being banished the army; he robbed Lord Baltimore, and was

in prison for the same; he has a general bad character for turning evidence, which is well known to the court without my repeating it; his evidence I hope will be of no weight with this honourable court. I ever used much humanity and honour to the gentlewomen, I had the honour to attend, and I treated my other patients in the tenderest manner which I can prove. I can only say, and truly affirm, that what he has said is as false as God is true. I shall say no more, but leave the rest to my counsel, and the witness I have to prove my innocence.

Hyam Lazarus's defence.

I had been down at Gravesend which I can prove, and indeed I can't prove it, because I am a poor man. I had been down the time, to the best of my knowledge, of the robbery; I came up, I remember it was the same day, because the second day when I came up we landed in a boat. I came into the Queen's-head; there I heard a great noise, that such a thing had been done at Chelsea. I am as innocent as a child.

Court to Lazarus Harry. There is no evidence given against you. I shall ask you no questions, you need say nothing.

Solomon Porter 's Defence.

When I was before Sir John Fielding there was never a man could swear against me. I never had any dealing with Lazarus.

Q. to Lazarus. Do you know Solomon Porter ?

A. Yes, very well.

Q. Do you know if he had any concern in the affair?

Lazarus. I don't know that he had.

Porter. I am a hard working man. I have witnesses to prove I was the same night from home.

Marcus Artough 's Defence.

I cannot speak English well. (Mr. Myers interprets his defence.) I was at Sir John Fielding 's; nobody swore positively against me; ask Lazarus if I was any ways acquainted with him; I went on the 11th of April for Ireland; I returned again about seven weeks after from Birmingham to Coventry. I was not in London at the time. I can produce a journal from the 11th of April till I was fetched from Birmingham, where I had been ever since. I can produce a friend that met me at Coventry. My wife went from London to Coventry to me. I have not been in London since the 11th of April.

Asher Levi . To prove that I went from Coventry to Birmingham to transact business, this paper will discover.

Court. That can't be admitted as evidence.

Asher Levi . I have not been in London since the 11th of April.

Sarah Heith . I am a Christian; I have known Doctor Weil three years and a half.

Q. Did you remember him in June last?

Heith. Yes; I was with him on the 11th, at eleven o'clock at night, when he gave a receipt for some money to Sarah Minesee : I told her she must come to Court, and bring the receipt. Her master is inveterate against the Jews, and would not let her come. I went to her yesterday, and told her to come to-day. She has sent me a letter that she cannot come.

Q. Are you certain of the day, that it was the 11th of June?

Heith. Yes.

Q. What day was it?

Heith. Tuesday; it was at Bethnal-green; he came at ten o'clock, and went away after eleven o'clock; I went away with him; we went together about three hundred yards to my father's door; I live at Bethnal-green.

Q. Did he stop at your father's?

Heith. No, he left me at my father's door; her master's name is Foster, in Oxford-road, near Park-street; he is a brazier.

Q. Why are you so positive to the day?

Heith. It was about ten o'clock when he came in; I said, how came you out so late to-night? he said it was his birth-day, he had been to keep it at Hackney. When he was going to give the receipt for the 15 s. 9 d. he said it was the 11th of June; I thought it was not; he said, sure I must know, when I have told you it is my birthday; I went and looked in the almanack behind the door, and it was so. I am sure I heard the clock strike eleven before the prisoner and I went out of the house.

Q. How came you not to go to Sir John Fielding 's when he was examined, and tell him this story?

Heith. I did not know of it.

Q. When did you first hear of his being taken up?

Heith. It was when he was in Tothill-fields prison; the first week.

John Heith . I know Levi Weil , he is a surgeon ; I was his apprentice: I never knew any thing cruel of him; I have left him about a year; he has an exceeding good character.

James Springall . Dr. Weil lived in the upper Part of the house where I live; I have known him four months; he bears a very good character in the neighbourhood.

Q. Where did he live?

Spriggall. In Fenchurch street.

Asher Weil . The very day that the charge is, was my brother's birth-day; it was about three or four in the afternoon we went together to the Mermaid at Hackney, because it was his birthday; there we drank tea; then I walked with him till nine o'clock; then he said he would go home; we came to Bethnall-green to Lord Camden's-head; he said, Go in there, I will go to a certain house in the neighbourhood and receive some money. I went into the Lord Camden's-head, and drank a gill of wine; and then my brother came to me. I was there a strong hour, that is, a full hour. My brother then told me he went home with a lady; and then we went together to town; we went to Abel's buildings. Sir John's men took away my pocket-book, where my receipts are, that will shew my business, and with whom I dealt; I can't name them, but my receipts will shew. I subpoena'd several people; but my character was so blackened, they would not appear.

Hyam Lazarus. I have witnesses, but they would not come without a subpoena.

Marcus Artough . It is very unhappy for me I had no money to send for subpoenas, or I might have had two hundred witnesses to my character.

Edrienus Bominaze . I am a Christian. I have known Levi Weil three years; he bears a very good character; he attended me three years ago; I was bad of a malignant fever; he has attended in our family; he is a very humane man.

For Solomon Porter .

Mary Kelley . I live in Mill-yard; he has been a lodger of mine thirteen months; he was in my house the 11th of June last; he was not out the whole night; he is an old-cloaths-man; he came home at six in the afternoon, and did not go out afterwards.

Q. Do you follow any business?

Kelley. Yes, I deal in fruit; he had a first floor backwards, at 10 s. a month.

Q. Have you a passage?

Kelley. No; there is a door comes into the house; the street door comes into the entry; there is a door in the entry into the shop.

Q. How came you to remark this 11th of June?

Kelley. I have a man-servant that sells fruit for me; he came three or four days after, and said a barbarous murder had been committed by some Jews. I asked him if he remembered whether Solomon was at home that night (I took notice of it because he was a Jew); he said, yes, he lay with him that night.

Q. When was he taken up?

Kelley. I cannot say when it was; some people came the next day to enquire for him.

Cross Examination.

Q. What month was it?

Kelley. It was four months after.

Q. How long is it since he was taken up?

Kelley. About five weeks.

Q. Did you go to the justice?

Kelley. No.

Q. You took no manner of notice of it till this time?

Kelley. No.

Q. How long have you lived in Mill-yard?

Kelley. Four months; I lived in Halfmoon-alley, Whitechapel, before.

Ann Sherwood . I have known Solomon Porter twelve months; he is a very honest man. I live in Tooley-street; my mamma keeps a pawnbroker's shop; and he is an old-cloathsman .

Q. to Heith. Does your father live at Bethnal-green?

Heith. Yes, near the Hampshire-hog.

Levi Weil called another witness, a dyer in Coverley's fields, who had known him three years; who said he is a surgeon and apothecary, and bears a good character.

Levi Weil , Guilty , Death .

Asher Weil , Guilty , Death .

Martus Hartogh , otherwise Asheburgh, Acquitted .

Jacob Lazarus , otherwise Hyam Dresden, otherwise Hyam Lazarus.

Guilty , Death . Solomon Porter , otherwise Moses,

Guilty , Death .

Lazarus Harry, Acquitted .

4th December 1771
Reference Numbert17711204-40

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70. (M.) FRANCIS WALKER was indicted for stealing one pair of sheets, value 10 s. one flat iron, value 1 s. and a copper tea-kettle, value 2 s. the property of Thomas Morris , they being in a certain lodging-room let by contract to the said Francis , Nov. 29 . *

Thomas Morris . The prisoner took a lodging of me on the 18th or 19th of September; he was to give me two shillings and six-pence a week for a two pair of stairs room; he continued in his lodging till last Thursday week. When he was gone, I missed two sheets out of the room: they were there when he took the lodging, and they were for his use.

Ann Morris . I am the wife of the last witness; the prisoner took a lodging of us; the things were missing; the wife had a pair of sheets to change the bed; they quarrelled and fought; he used then to beat her. I went up, and she pulled the bed-down; I saw there was no sheets on the bed. I got a neighbour to help to get the things out of the room, for I would not let them be there any longer. On the morrow, when they got up, I asked the prisoner's wife for the sheets she had to change the bed, and I put a pair to the fire; I desired her to bring down the dirty sheets; she came down and brought a candle, and set it on the stairs, and went out; she took the sheets from the back of the chair out with her, and pawned them. The constable was sent for: he would not acknowledge any thing about them then; but as they were going to the justice, he acknowledged they were pawned. He followed no good, for he was always a-bed in day-time, and out at night.

Jacob Walter . I am a pawn-broker; I have a pair of sheets and a tea-kettle; I did not take them in of the prisoner, but of Mary Lancaster .

Q. to the prosecutor. Who is Mary Lancaster ?

Prosecutor. The prisoner's wife.

(The things produced, and deposed to by the prosecutrix.)

Mr. Coney. They pawned two flat irons with me.

( They are produced, and deposed to by the prosecutrix.)

Q. Who brought them to pawn?

Coney. Mary Lancaster ; one was brought the 23d of November, the other the 28th.

Q. to Walter. When did she bring the things to you?

Walter. The tea-kettle the 22d, the sheets the 28th.

Prisoner's Defence.

I know nothing in the world concerning the affair; I pawned none: they were pledged by the woman I keep company with; I know nothing of it. I asked the reason why I lay on blankets, but I could never get an answer. I have no witness but myself.

Guilty , T .

4th December 1771
Reference Numbert17711204-41
VerdictGuilty > theft under 1s

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71. (M.) MARY LANCASTER was indicted for stealing a pair of linen sheets, a copper tea-kettle, and two flat irons , the property of Thomas Morris , Nov. 29 . *

Thomas Morris . The prisoner lodged at my house with Walker; she passed for his wife; I lost while she was there three pair of sheets, two flat irons, and a tea-kettle. I do not know whether she took them, or him.

(The sheets produced by Walter, a pawn-broker, who took them in of the prisoner, and deposed to by the prosecutor.)

Prisoner's Defence.

I thought the goods were his own; he took me there, and when I was distressed, he bid me make money of them.

Q. to Prosecutrix. Did they bring any goods with them?

Prosecutrix. No, only the cloaths on their backs; she had the irons of me, and the sheets.

(A pawn-broker produced the irons, which he took in of the prisoner, which were deposed to by the prosecutor.)

Prisoner. I was very innocent of it; it is all spite; they would have made it up for eighteen shillings and six-pence. Walker used me very ill; the landlord and landlady know how I have cried out murder.

Court. Yes, they have said that already, that he used to thresh you.

For the Prisoner.

Barnard Bishurton . I have known the prisoner six years; she was a servant to me four

years ago; she behaved very honestly, and bore a very good character.

Q. Did you ever see her by the name of Lancaster?

Bisharton. No.

Q. Then you don't think it an aspersion on a woman's character to live with a man that is not her husband?

Prisoner. I should never have lived with him if he had not constantly used me ill, and beat me.

Margartt M'Garmon . I live in Water-lane, Fleet-street; I keep a house of lodgers; she washed a day, and ironed for me, and I lost nothing.

Q. How long is that ago?

M'Garmon. About a quarter of a year.

Catherine Sheridan . I live in Fleet-market; I sell fruit in the street; I have known her since she was ten years old; she behaved very well.

Q. Are you of the same country?

Sheridan. Yes.

A Witness. She is her sister.

Guilty. 10 d. T .

4th December 1771
Reference Numbert17711204-42

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72. (M.) JANE the Wife of Peter CARROL was indicted for stealing one blanket, value 4 s. one linen shift, value 3 s. and one looking-glass, value 3 s. the property of George Scott , the same being in a certain lodging-room let by contract by the said George Scott to the said Jane, December 3 . *

- Scott. I am wife to George Scott . The prisoner came to my house on the 27th of November, and took a room of me, at half a crown a week. On Tuesday following a gentlewoman came to me, and told me the prisoner had robbed her lodgings, and bid me take care of her. On that I went up into her room; she was gone out. I missed the things mentioned in the indictment. I got a constable, and went and searched after her; we took her at a public house; she was very drunk, and could say nothing that night; we found the things at three pawn-brokers.

William Smith . I am a pawn-broker; I did not take any thing in of the prisoner; my mother I believe did. I told the justice so at the time I was before him, but his Worship bound me over, and not her.

Lydia Burgess . I took a sheet of the prisoner.

Prisoner's Defence.

I did not mean to defraud them of any thing; I took them in order to get work, because I was destitute.

Guilty . T .

4th December 1771
Reference Numbert17711204-43
VerdictNot Guilty

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73. (L.) ISAAC USHER was indicted for stealing one pair of silk stockings, value 10 s. the property of John Bindley , October 31 . +

Elizabeth Bindley . I am wife of John Bindley . I was coming to London in the Dover coach on the 30th of October. I lost a trunk, containing wearing apparel, among which was a pair of silk stockings, which were particular in the make.

Q. Have you seen them since?

Bindley. I have seen a pair like them; I bought them at Paris for my own wear.

(The stockings produced.)

William Mountain . I had notice on the 30th of October that a trunk had been cut from behind the Dover coach; on which I applied to Sir John Fielding , who had the prisoner taken up. I know nothing of the stockings.

John Bindley , jun. I was present when the stockings were found upon the prisoner; they were found upon the prisoner somewhere in Houndsditch. When Mr. Heley took them out of his pocket, the prisoner said he bought them on board a ship.

John Heley . The morning after the trunk had been cut from behind the Dover coach, I went with the last witness to Gravel-lane, Houndsditch, where I found the prisoner a-bed in his son's house. I told him he must get up, for I wanted to search him; and I found these stockings in his pocket. I asked him where he got them; he said, he bought them on board a ship: after that he said he brought them from Holland. We had heard several things against him and his son.

Prisoner's Defence.

I brought the stockings home with me from abroad. I have had them above six months.

Acquitted .

4th December 1771
Reference Numbert17711204-44
VerdictNot Guilty

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75. (L.) JOSEPH BROWN was indicted for stealing 5 lb. of tobacco, value 15 d. the property of persons unknown , Nov. 7 .

Acquitted .

4th December 1771
Reference Numbert17711204-45

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76. (L.) HENRY LEVY was indicted for stealing one linen handkerchief, value 10 d. the property of Robert Keat , Oct. 31 . ++

Robert Keat . On the 31st of October, about eight in the evening, as I was walking pretty fast by the corner of Leaden-hall-street , I felt a hand in my pocket; I turned about and caught the prisoner by the sleeve. I saw my handkerchief in his hand; he dropt it and I took it up. The hand kerchief produced and deposed to.)

Prisoner's Defence.

I was walking along Cornhill. The Gentleman missed his handkerchief, and turned about and said I had took his handkerchief out of his pocket. I never had his handkerchief in my hand; it was not out of his pocket; it only hung out.

Guilty . T .

4th December 1771
Reference Numbert17711204-46
VerdictNot Guilty

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77. (M.) ROBERT PRINCE was indicted for stealing one silver table spoon, value 5 s. the property of Elizabeth Bevington , Nov. 1 . ++

Acquitted .

Margaret Stevens, Jane Pator.
4th December 1771
Reference Numbert17711204-47
VerdictGuilty > theft under 1s; Not Guilty

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55, 56. (M.) MARGARET, the wife of John STEVENS , and JANE, the wife of PATRICK PATOR , were indicted, the first for stealing one pair of linen sheets, value 5 s. and one pair of bellows, value 1 s. out of a lodging, let by contract by Henry Wilmore , to the said Margaret Stevens and Jane Pator , and the other prisoner as an accessary before the fact, for council, procuring, and advising, &c. the said Margaret the said felony to do and commit , Nov. 29 . ++

- Willmore. I am wife to Henry Wilmore . I live in Diot street, St. Giles's . The two prisoners took a lodging of me together; they were to pay me 2 s. each a week. I knew Pator; I did not know Stevens; Pator desired I would put up another bed in the same room, that they might lie in the same room; they lodged with me a week, and two days before I missed my things; Stevens's husband is a coal-heaver; he never lay there but one night; that was the Saturday following; I never saw him before; she told me she had a husband; he went away on Sunday; she told me his name was John Stevens . In eight days I missed two pair of sheets, one pair of bellows, and one blanket. Stevens frankly owned she pawned them all. The pawnbroker delivered up the bellows and one blanket and one sheet, because they could not both attend; the justice committed the other as a party concerned, because it was in her lodging.

Richard Murthwaite . I have two sheets I took in of Mary Stevens , one on the 22d of November, the other on the 25th. (The sheets deposed to by the prosecutrix.)

George Eling . I live with James Eling in Diot-street. Here is a sheet I took in of Margaret Stevens , 21st of November. ( Produced and deposed to by the prosecutrix.)

Stevens's Defence.

I did pawn them, but it was through real dis tress; my husband was out; I thought no harm to pawn them till my husband came on Saturday night. I did not design to defraud her. I expected my husband home on Saturday night, and when he came I was in Newgate. I did not know the consequence of it, or I should never have done such a thing.

Stevens guilty 10 d. T .

Pator acquitted .

4th December 1771
Reference Numbert17711204-48
VerdictGuilty; Not Guilty

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80, 81. (M.) LYON BACKERUC and ISAAC USHER , were indicted for stealing sixty men's hats, value 15 l. and sixty boys hats, value 3 l. the property of Thomas Chamberlayne , Nov. 9 . ++

Thomas Chamberlayne . I am a hatter in Clement's-lane, Cannon-street. I lost a chest of hats on the 9th of last month, that I had sent to the King's Arms in Leadenhall-street , to go to Eaton-stone by the Colchester coach, containing ten dozen of hats or more, some men's and some boy's, for the fair. As I sent them on Sunday night by Thomas Cracknall they were lost on the Friday morning, and I never saw them again. A gentleman bought five dozen and four, them I have found. I don't know who took them out of the basket behind the coach. I delivered

them to the book-keeper, and cannot say any thing further. I know nothing of the prisoners.

Thomas Cracknall . I carried the chest of hats to Leaden-hall-street, and put them in the hind part of the Colchester coach on the 9th of November, about five in the morning; I went with the coach; I missed them when I came a mile and a quarter out of town.

David Levi . On the second of November last, the two prisoners came to my house. I keep a shoe and hat-warehouse; Backeruc came into my shop, Usher stood at the door; he asked me if my brother was at home. I asked him which brother; he said, your brother the Hatter. I said he did not live with me; with that he went out of the shop, and said something to Usher. Usher said, he should; upon which he returned into the shop, and said, I have a parcel of hats for you. I asked him what they were; he had one on his head; he pulled it off, and said, they were not all like that; some were larger, but all new. I asked him what he asked a-piece, he said 15 d. a hat. I thought them not honestly come by, on which I did not care to have any thing to do with them. I told them my man was not at home, and I did not buy without my man; he said, O, you cannot see them till night, because they are all link. I said, what is that? Why, says he, they are not honestly come by. I said then I will wait on you in the evening. I thought it my duty as a member of society to apprehend him. I went to Mr. Meyers and told him of it. He said, I should endeavour to get the goods in my possession, and he would lay a train to endeavour to apprehend him. Accordingly I waited on the prisoner at night; he was not at home; his wife told me I should come again in the morning. I went again in the morning. I asked him to let me see the hats. I had known him from a child. He said, he would bring them to me at night. I went to Mr. Meyers, and he directed me how to act. When I was gone, about two or three in the afternoon Mr. Meyers sent for me, and told me he had been up to Sir John Fielding 's; he advised me to make an agreement to give him part of the money, and Mr. Meyers gave me two guineas to give him; and bid me tell them to come next evening for the rest; as soon as dark came the prisoner brought the hats. I took them up stairs; he said first there were six dozen; when we counted them there was but five dozen and one. As we counted them I told him 15 d. a hat was rather too much, as it was an hazardous thing; he said then, we will not stand for that, you shall have them all at even price, a shilling a hat. It was Bakaruc that I bargained with: he said, when shall I come? I said, about six o'clock; he said, very well; I believe I shall have something else when I come; I said, bring it with you. I took some hats to Mr. Meyers; he said I had done right; and bid me come up to him in the morning. I went with him to Sir John Fielding 's; Sir John said he would send some of his people about five in the evening; Sir John sent two of his men down to me. I placed them in such a manner that they might over-hear the conversation between the prisoner and me; I placed them on the stair-case; when we came in I said, come up, I will give you the money, and you shall give me a receipt; he said, what signifies asking for a receipt on this account? I said I would have a receipt; poh, poh, says he, what a black you are! I said I would be a black for once. When we came up stairs I said, have you brought that you promised me? he said, I could not get it then, but I should have it in a day or two; besides, said he, I did not know you would buy such things, else I could have brought you, about a fortnight ago, for 50 l. as much as was valued at 300 guineas. I said, I am very sorry you did not bring it; said he, I did not know you would buy; but now I know you will buy, I will bring you some; he said the Jews are so sharp now we don't know who to trust. I stampt with my feet, and the two men came in; we went out afterwards and took in his companion, we bound them, and put them in a coach, and carried them to Sir John; these are the hats ( producing them.) they have been in my custody ever since.

Prisoner. They are my property. I had been at work on them a good while.

Abraham Henry . I saw the two prisoners at my master's. Backaruc, asked my master, if his brother lived here; he said no; Backaruc went out to the door, and said to Usher, shall I tell him about it? Usher said, yes; he went in doors. I heard him say he had a parcel of hats to sell for 16 d. a-piece, bran-span new.

Bakaruc, in his defence, said, that while he was drinking at the Red-lion ale-house, a man came in, and offered to sell him some bats; that he told the man, that he thought he could get him a customer for all the bats, and that the man gave them to him to sell.

He called George Armstrong , who said, that he was at the Red-lion ale-house; that a man brought some hats into the house, and offered them to sale, and that Bakaruc undertook to get the man a customer for them. And William Cotterel , who said, that he carried the bats for a man in a white coat to Rosemary-lane; that when they came to the Horns and Horseshoe, that man took the bag of hats off his back, and put it on the prisoner's.

For Usher.

Nicholas Bond . Usher was in custody at the time these hats were stolen.

Bakaruc guilty . T .

Usher acquitted .

4th December 1771
Reference Numbert17711204-49
VerdictNot Guilty

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82. (M.) MARY GRIFFIN , spinster, was indicted for that she, on the King's highway, on James Pavet did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 40 s. one linen handkerchief, value 2 d. and two shillings and sixpence in money, numbered, the property of the said James , Nov. 3 . *

Acquitted .

4th December 1771
Reference Numbert17711204-50
VerdictNot Guilty

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83. (M.) ELIZABETH MILLS was indicted for stealing one blanket, value 2 s. one linen quilt, value 4 s. one pair of linen sheets, value 6 s. one copper tea-kettle, value 2 s. one delf tea-pot, value 3 d. two pewter table spoons, value 3 d. and one case knife, value 2 d. the property of Josiah Hawkins , the same being in a certain lodging room let by contract by Joseph Hawkins to the said Elizabeth , Nov. 2 . *

Acquitted .

4th December 1771
Reference Numbert17711204-51

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84. (M.) PATRICK LEITH was indicted for stealing one guinea and one half-guinea , the property of William Beckbey , Nov. 28 . *

Acquitted .

4th December 1771
Reference Numbert17711204-52
VerdictNot Guilty

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85. (M.) ELIZABETH JAMES was indicted for stealing one gold ring, value 8 s. a brass box, value 4 d. a silk purse, value 1 d. and twenty-five guineas, one half-guinea, and twenty-one shillings in money, numbered ; the property of Jane White , spinster, Nov. 26 . *

Acquitted .

4th December 1771
Reference Numbert17711204-53
VerdictsNot Guilty; Guilty > lesser offence; Not Guilty; Guilty; Guilty
SentencesTransportation; Death; Death

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86, 87. (M.) RICHARD GULLEY and JOHN HURDLEY were indicted for breaking and entering the dwelling-house of Edmund Green , on the 27th of May , about the hour of two in the night, and stealing one clock dial, value 20 s. and one large looking-glass, in a walnut-tree frame, with a gilt edge, value 10 s. the property of Edmund Green , in his dwelling-house . ++

Both acquitted .

They were a second time indicted for breaking and entering the dwelling-house of Thomas Heath , on the 23d of October , about the hour of seven in the night, and stealing two silk handkerchiefs, value 3 s. and one silk waistcoat, value 3 s. the property of Thomas Heath ; one man's hat, value 3 s. one muslin neckcloth, value 6 d. one linen shirt, value 2 s. one silk handkerchief, value 1 s. one pair of silver shoe-buckles, value 12 s. and one pair of silver knee-buckles, value 5 s. the property of John Heath , in his dwelling-house . ++

Gulley guilty of stealing only . T .

Hurdley acquitted .

They were a third time indicted for breaking and entering the dwelling-house of Henry Sackler , on the 28th of April , about the hour of one in the night, and stealing one copper porridge-pot, value 8 s. one copper coffee-pot, value 2 s. eighteen pewter plates, value 8 s. two pewter dishes, value 3 s. one copper chocolate-pot, value 4 s. and two silver tea-spoons, value 3 s. the property of the said Henry Sackler , in his dwelling-house . ++

Henry Sackler . I live at the Red-cow, Mile-end . My house was broke open the 28th of last April. I got up on Monday morning the 29th, about five o'clock; the first thing I saw was the door broke open, and tore to pieces. The bolts were burst open. This is a padlock of the outer gate. They got over the pales, and burst the door, and took the hinges off. I lost the things in the indictment. They pick'd the lock of the bar-door, and took a bag of halfpence and farthings, about thirty shillings. The porridge-pot, chocolate-pot, &c. were lost out of the kitchen. I found the coffee pot and porridge-pot, and twelve plates, in St. Luke's parish, in a stable.

John Hopley . I am a pawn-broker; I live in Magpye alley, Shoreditch. The porridge-pot and coffee pot were pledged by Hurdley's wife

about the 12th of August. I gave her a duplicate. I lent her eleven shillings on the porridge-pot, coffee-pot, half a dozen odd cups and saucers, and a tea-pot. She pawned them in the name of Catharine Holland , who came with her, but Hurdley's wife took the money. Mrs. Holland said we might put them in her name, or Hurdley's name; knowing Mrs. Holland, I put them in her name.

Samuel Jones . On the 3d of May the watchman came to me, and told me there was a man in Bear and Ragged-staff yard had conveyed some goods into a stable, and had made his escape. I found these things in the stable: he said he was going to fetch another load of goods to deposit in that stable, because his landlord was going to seize them. He was with the watchman when I came up. I took the key out of his hand, and he said if we would go with him to Cock-alley, we should see where he brought them from. The watchman is not here. I do not know the prisoner.

Q. Look at Clarke, is that the man?

Jones. No: I offered to go, but he made his escape from us.

- Macknal. I went to take Gulley and Hurdley one morning. I went to Hurdley first; his wife said she had not seen Gulley for two days. I went up stairs, and the door was shut against us; I broke the door open, and Gulley went to strike me down with a pick-axe. We searched Hurdley's room, and in the drawers found this duplicate in a green purse (producing it). It is Mr. Hopley's duplicate, which directed us to Hopley's house. Hopley brought the things to Mr. Sherwood's.

- Clark. Walter Henry . Nathaniel Craven , Robert Guinas , the two prisoners, and myself, got over the back gate, and wrenched the door open. I got in, and took out the copper pot, the pewter, the coffee-pot, chocolate-pot, and some halfpence. Hurdley kept the coffee-pot and the chocolate-pot; Nathaniel Craven had the pewter.

Q. Did you give this information before the justice?

Clark. Yes.

Q. How came Nathaniel Craven and Henry to be let go?

Clark. They broke loose out of the Round-house.

Q. Do you know what became of the copper pot and coffee-pot?

Clark. I do not know what Hurdley did with them.

Gulley's Defence.

I was never out of my lodgings at these times.

Hurdley's Defence.

I know nothing at all about it.

For Gulley.

Hannah Harris . Gulley lodged at my house a twelvemonth. He was constant in my lodging.

Q. Can you say he was never a night out of your lodging?

Harris. I can to the best of my knowledge. He was at Hurdley's the night he was taken; he came home, and the door was fastened, and he went to Hurdley's. He never lay out before, to my knowledge.

William Sheppard . I lay in the same bed with Gulley. I lodged three years there, he a twelvemonth.

Q. You said, on the former trial, he never lay out a night the whole twelvemonth?

Sheppard. No, he never did; he was never out after ten o'clock; he used to sit in the room with Mrs. Harris and her husband till ten or eleven o'clock; he used to get up between four and five; he always awaked me when he went out.

Q. How near does Hurdley live to where he lodged?

Sheppard. The court joins to the house where I lodge.

Q. Did Hurdley use to be often at your house?

Sheppard. No.

Q. Did he lie at home the night he was taken up?

Sheppard. He did not lodge there then for a constancy; my landlord and landlady always made him welcome; after he came from Ireland, he only missed one night, and he was taken up the next morning.

Q. So he did not lodge there for a constancy, and yet never missed but one night?

Sheppard. Yes.

Gulley guilty . Death .

Hurdley guilty . Death .

4th December 1771
Reference Numbert17711204-54
VerdictsNot Guilty; Guilty

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87. (M.) JOHN READ was indicted for stealing one pair of linen sheets, value 15 s. the property of James Lambert , October the 30th . *

Acquitted .

He was a second time indicted for stealing one pair of linen sheets, value 19 s. shillings , the property of Roger Jones , Oct. 30 . *

Roger Jones . I have lost fifty-pounds worth of goods at the fire in Old-street , and among other things I lost a pair of sheets. I received information that these sheets had been carried to the lodgings of Ann Walter , who is sister to the prisoner's wife; I went there, it is a public-house in Holborn; and there in her room in a box I found these sheets, produced and deposed to.

Ann Walter . I am sister to the prisoner's wife. I went to them when they sent for me, the day after the fire; nothing passed then; I went again a week after, then the sister in the presence of the prisoner, and at his desire, delivered to me this pair of sheets; I carried them home; they were taken out of a drawer, and were wrapped in a little cloth; the prisoner himself accompanied me part of the way home, when Mr. Jones came and found these things in my box. I delivered the box and sheets to him and the constable.

Prisoner's Defence.

I did not see these sheets; I was not in the room. I knew nothing of the sheets. I do not know my own sheets when I see them.

Guilty . T .

4th December 1771
Reference Numbert17711204-55
VerdictGuilty > with recommendation

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88. (L.) WILLIAM BATES was indicted for stealing a bay gelding, value 15 l. the property of Michael Cutler , Dec. 3 . *

Michael Cutler . I live in Buckinghamshire. I lost a gelding of a bay colour on Monday last, I saw him yesterday in Mr. Spencer's possession in Smithfield. He is a horse-dealer.

Q. Are you sure that horse you saw at Mr. Spencer's is the horse you lost?

Michael Cutler . Yes.

Robert Spencer . I am a horse-dealer. I bought a bay gelding of the prisoner last Tuesday. The prosecutor described the marks of the gelding before I shewed it him.

Q. Are you sure the prisoner is the person you bought the horse of?

Spencer. Yes; the prisoner brought the horse into my yard himself to sell. I bought him for 15 l. I gave a shilling earnest; he first asked 20 l. for him, then he offered to sell him for eighteen guineas. I said to some gentlemen I believe he is stolen. I told the prisoner I was afraid that he did not come honestly by the horse; he told me it was his father's. He said he lived at Wing, and then at Littlecut.

Q. When you found him vary in the place where his father lived, did not your suspicion encrease?

Spencer. No; I thought he might have brought him away in a clandestine manner from him; he said his father sent him with a horse to the White-hart at Barnet; when he came there, the landlord told him the gentleman that wanted it was provided for; so he brought it to sell on his own account. I kept him in custody, and sent for the constable. On Friday the prosecutor came, and I shewed him the horse; the prisoner was then in the Compter. The prosecutor said he was a bay horse; he described the very marks of the horse.

Prisoner's Defence.

I had the horse out of the Marsh-ground.

Q. to Cutler. Do you know this boy?

Cutler. Yes; he was born in the same parish as I was; he was a good servant-boy.

Guilty. Death . Recommended .

4th December 1771
Reference Numbert17711204-56
VerdictNot Guilty

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89, 90. (M.) JOHN THOMAS and JOHN LESLEY , were indicted, the first for the wilful murder of Mary Selwin , spinster, and the other for being present, aiding, abetting, comforting, and maintaining the said John Thomas , the said felony and murder, to do and commit , Oct. 30 . *

Acquitted .

4th December 1771
Reference Numbert17711204-57
VerdictNot Guilty

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91. (M.) HENRY WEST was indicted for stealing a cow, value 5 l. the property of Thomas Burbeck . Nov. 20 . *

Acquitted .

4th December 1771
Reference Numbert17711204-58
VerdictNot Guilty

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92. JOHANNA RUBERY was indicted for receiving one silver hilted sword, value 40 s. one brass-hilted sword, value 20 s. one cotton counterpane, value 5 s. one pair of leather boots, value 3 s. one pair of leather shoes, value 2 s. five linen waistcoats, value 5 s. one muslin neck-cloth, value 6 d. two cloth waistcoats, value 4 s. one pair of cloth breeches, value 2 s. two linen handkerchiefs, value 2 s. one pair of worked ruffles, value 2 s. one linen shirt, value 3, one pair of leather drawers, value 1 s. one linen pillow-bier, value 1 s. three pair of thread stockings, value 3 s. one linen sheet, value 1 s. one woollen wrapper, value 1 s and one paper snuff-box, value 1 s. the property of Alexander

Hay , well knowing them to have been stolen, by James Glover , and John Castle , Sept. 5 . ++

[See the Trial of Glover and Castle, No. 572, 573, in the last mayoralty. ]

Acquitted .

4th December 1771
Reference Numbert17711204-59
VerdictNot Guilty

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93. (L.) JOHN CLARK was indicted for defrauding William Gibbs , by false pretences, of a shovel, value 3 s. and a hedging bill, value 1 s. 6 d. Nov. 21 . ++

Acquitted .

4th December 1771
Reference Numbert17711204-60
VerdictNot Guilty

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94. (M.) BENJAMIN PHILLIPS was indicted for stealing on the 30th of October , about the hour of twelve in the night, 300 roots, called Ranunculus's, val. 5 s. 1 lb. weight of roots called Anemona roots, value 5 s. fifty roots called Jonguil roots, val. two shillings and six-pence, and 100 roots called Hyacinth roots, value 4 s. the property of Samuel Hutchings , then growing, standing, and being in the nursery ground of the said Samuel, against the statute. ++

Acquitted .

4th December 1771
Reference Numbert17711204-61
VerdictNot Guilty

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95. THOMAS RANDALL was indicted for stealing eights pound of moist sugar, value 2 s. the property of persons unknown , November 16 . ++

Acquitted .

4th December 1771
Reference Numbert17711204-62
VerdictNot Guilty

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96. (L.) WILLIAM WATERS , WILLIAM PORTER , and JOSEPH LUM , were indicted for breaking and entering the dwelling house of Thomas Ormes , on the 31st of October about the hour of one in the night, and stealing six silver tea-spoons, five silver table spoons, one silver pepper-box, one silver milk pot, one black sattin cloak, one black silk mode cloak, two men's hats, the property of Thomas Ormes ; and one mahogany tea-chest, and two tin cannisters, the property of Ann Adams , spinster, in the dwelling-house of the said Thomas Ormes . ++

All three acquitted .

4th December 1771
Reference Numbert17711204-63
VerdictNot Guilty

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97. JAMES MADDOCKS was indicted for stealing twenty-four yards of duffil cloth, value 48 s. the property of Robert Gunson , November 18 . +

Acquitted .

4th December 1771
Reference Numbert17711204-64
VerdictGuilty > theft under 1s

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98. (M.) ANN, the wife of William, BUTTERFIELD , was indicted for stealing a crape gown, value 18 s. one silk and stuff gown, value 5 s. one pair of stays, value 10 s. seven yards of chipped linnen, value 10 s. one ruffle shirt, value 4 s. and one linen apron, 6 d. the property of William Dickinson , in his dwelling house . *

Guilty 10 d. T .

4th December 1771
Reference Numbert17711204-65
VerdictNot Guilty

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98. (L.) WILLIAM WATERS was indicted for stealing one woollen cloth coat, one woollen cloth waistcoat, two leather pocket books, one bank note, val. 45 l. another bank note, val. 200 l. another bank note, value 100 l. another bank note, value 20 l, and four other bank notes, value 10 l. each, the money for the same being due, and unsatisfied, the property of James Roberts , in his dwelling-house , Jan. 16 . *

[See No. 141. in the last mayoralty.]

Acquitted .

4th December 1771
Reference Numbert17711204-66
VerdictGuilty > theft under 1s

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99. (L.) DANIEL MILLER was indicted for stealing two pair of pattens, value 2 s. the property of Charles Hockston , Dec. 6 . +

The prosecutor keeps the Queen's Heads in Dark-house Lane, Billingsgate , and takes in parcels for the Gravesend boats. A parcel containing four dozen pair of pattens was left at his house, which he delivered to the waterman; some time after the waterman brought in the prisoner, and charged him with stealing the pattens. The waterman deposed that the parcel was broke open, and he met the prisoner with some of the pattens in his hand, and secured him.

The prisoner, in his defence, said, that he bought them of a man in Darkhouse Lane.

Guilty 10 d. T .

4th December 1771
Reference Numbert17711204-67
VerdictGuilty > theft under 1s

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100. (L.) JOHN MOODY was indicted for stealing one linen handkerchief, valua 1 s. the property of a certain person unknown, November 29 . ~

William Pain deposed that he saw the prisoner and another lad attempting a gentleman's pocket in Fleet-street ; that he watched them, and at last saw the prisoner take the gentleman's handkerchief out of his pocket; that he gave the prisoner a blow on the head, upon which the prisoner dropped the handkerchief; and that he could not prevail on the gentleman to prosecute

The prisoner, in his defence, said, that the handkerchief was his own property.

Guilty 10 d. T .

4th December 1771
Reference Numbert17711204-68
VerdictGuilty > theft under 1s

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101. (M.) RICHARD LISTER was indicted for stealing one cloth coat, value 16 s. one scarlet cardinal, value 5 s. one mahogany tea-chest, value 5 s. and one silver tea-spoon, value 2 s. the property of Margaret Powell , widow, Oct. 19 . ++

- Powel, wife to the prosecutor, deposed, that she went out on the 18th of October, at nine in the morning, and did not come home till eleven at night, and that she missed the things the next morning.

- Thomas a pawnbroker produced a coat, and Bailey a cloak, which was pawned on the 18th of October by the prisoner, which were deposed to by the prosecutor.

The prisoner, in his defence, said, that he had the coat of a young man.

Guilty 10 d. T .

4th December 1771
Reference Numbert17711204-69
SentenceDeath > respited

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102. (L.) MAXAMILLEAN MILLER was indicted for being at large, before the expiration of the time for which he received sentence to be transported . ++

Mary Street. I live in the New-way, Westminster. I prosecuted the prisoner in January sessions; he was convicted and received sentence to be transported.

William Taylor . I gave evidence against the prisoner in January session for the robbery of Mary Street.

Q. Are you sure as to the person of the man?

Taylor. Yes; that is the man.

Q. What became of him?

Taylor. He was convicted.

- Clark. I was in court when the prisoner was convicted. On the 26th of November I and Healy were coming by St. James's church, we met the prisoner and took him; he had some other men with him.

Q. Did any conversation pass between you?

Clark. No; he said he was bailed out.

John Healy . I know the prisoner. I was along with Clark, we met him near St. James's church on the 26th of November last.

Prisoner's Defence.

My friends fetched me out of Newgate on April last, and I was discharged. I did not know what to do. I had no orders to do any thing.

Guilty . Death .

4th December 1771
Reference Numbert17711204-70
VerdictsNot Guilty; Guilty

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103. (M.) JOHN MURPHEY was indicted for breaking and entering the dwelling-house of Dame Catherine Cook , on the 31st of August , about the hour of two in the night, and stealing one silver milk pot, value 18 s. one silver table spoon, value 2 s. one pair of silver tea tongs, value 5 s. two damask table cloths, value 4 s. one damask napkin, one towel, value 1 s. and other damask table cloths, value 2 s. the property of the said Dame Catherine Cooke ; and one pair of silver shoe buckles, value 10 s. one pair of plaited spurs, value 2 s. one horse, whip, val. 1 s. five linen shirts, value 15 s. three muslin neckcloths, value 5 s. one black leather pocket-book, value 1 s. one silver-laced hat, value 5 s. one silk handkerchief, value 6 d. and one pair of thread stockings, value 5 s. the property of William Curtis ; and one silver-laced hat, value 5 s. the property of Simon Andrews , in the dwelling-house of the said Dame Catherine Cook . *

Acquitted .

He was a second time indicted for stealing one pair of leather boots, value 8 s. one silk waistcoat with gold flowers, value 10 s. and two linen shirts, value 6 s. the property of Timothy Manning , June 30 . *

The prosecutor deals in old cloaths , and lodged at the house of the prisoner's father-in-law, with whom the prisoner lodged also. He missed sixteen pounds worth of cloaths, among which were the things mentioned in the indictment. He found the things mentioned in the indictment at a pawnbroker's, pawned in the name of the prisoner, which were produced and deposed to by the prosecutor. The pawn broker and two of his servants deposed, that the things in the indictment were pawned in the name of the prisoner, but whether by him or his brother they could not be certain, as they were very much alike in person, and both used the shop.

The prisoner, in his defence, denied the charge, and called his father-in-law, who said, the prosecutor lived with a common woman of the town.

Guilty . T .

4th December 1771
Reference Numbert17711204-71
VerdictGuilty > theft under 1s

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104. (L.) EDWARD EVANS was indicted for stealing a wooden but bound with six iron hoops, value 8 s. the property of Thomas Payne , December 3 . *

The prosecutor keeps the Half-moon tavern, Cheapside ; he saw the prisoner rolling a mountain butt out of his yard; he sent a servant after him. The prisoner told that servant, that he was going with it to Mr. Andrews's wine-vaults in Crutched-friars. The prisoner rolled it down Cheapside to Bow-lane, where he enquired for one Jones, who was removed. Then the prosecutor's men charged him with having stole the butt, and desired him to go back to his master's, which the prisoner refused.

The prisoner, in his defence, said, that a man gave him the butt, and bid him roll it to Mr. Jones's in Crutched-friars. He called four witnesses, who gave him a good character.

Guilty 10 d . T .

4th December 1771
Reference Numbert17711204-72
VerdictNot Guilty

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105. (L.) THOMAS GOLDSMITH was indicted for stealing a deal box, value 10 d. and seventy pounds of Cochineal, value 80 l. the property of Thomas Scott and Robert Warwick , November 4 . *

Acquitted .

4th December 1771
Reference Numbert17711204-73
VerdictNot Guilty

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106. (M.) LAZARUS HARRY was indicted for breaking and entering the dwelling-house of Sarah Barclay ; widow, on the 12th of October , about the hour of one in the night, and stealing three silver table spoons, value thirty shillings, three silver tea spoons, value three shillings, and one silver milk saucepan, value 30 s. the property of the said Sarah; and two silver table-spoons, value 20 s. one pair of silver shoe buckles, value 10 s. one shell snuffbox with silver rims, value 10 s. and twelve iron keys, value 3 s. the property of Ann Mathews , widow, in the dwelling house of the said Sarah Barclay . ++

Acquitted .

4th December 1771
Reference Numbert17711204-74
VerdictsNot Guilty > no evidence; Not Guilty > no evidence

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107, 108. (M.) MARCUS ARTOGH, otherwise ASHEBURGH , and LAZARUS HARRY , were indicted for breaking and entering the dwelling-house of Elizabeth Hutchins , widow, on the 11th of June , about the hour of eleven in the night, and stealing a watch, the inside case gold, the outside made of metal and fishskin, value 10 l. a steel watch chain, value 2 s. a stone seal let in gold, value 20 s. a pair of silver shoe-buckles with stones set therein, value 10 s. a silver salt-cellar, value 10 s. two silver tablespoons, value 20 s. five silver tea-spoons, value 40 s. one silver waiter, value 40 s. one silver milk-ewer, value 20 s. a silver mug, value 5 l. one pair of silver tea-tongs, value 5 s. four silver tops for castors, value 10 s. fifteen yards of silk, value 5 l. one linen handkerchief, value 1 s. and sixty guineas and twenty half-guineas in money, numbered, the property of the said Elizabeth, in her dwelling-house .

No evidence was given.

Both acquitted .

They were again indicted for stealing the above goods in the dwelling-house of Mrs. Hutchins .

No evidence was given.

Both acquitted .

Old Bailey Proceedings supplementary material. Robert Powell, Edward Burch, Matthew Martin.
4th December 1771
Reference Numbero17711204-1
SentenceDeath > respited

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Robert Powell , Edward Burch , and Matthew Martin , who were formerly capitally convicted, but judgment had been respited.

Old Bailey Proceedings supplementary material. John Donaldson, Michael Murray, John Freel.
4th December 1771
Reference Numbero17711204-2
SentenceDeath > executed

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John Donaldson , Michael Murray , and John Freel ; were executed at Tyburn on Wednesday the 27th of November.

Old Bailey Proceedings punishment summary. Robert Powell, Edward Burch, Matthew Martin, John Donaldson, Michael Murray, John Freel.
4th December 1771
Reference Numbers17711204-1
SentenceDeath > respited; Death > executed

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The Trials being ended, the court proceeded to give judgement as follows:

Received Sentence of Death. 9.

William Davis , Joseph Flendell , Richard Gulley , William Bates , John Young , alias Smith, and John Hurdley .

Old Bailey Proceedings supplementary material. Robert Powell, Edward Burch, Matthew Martin.
4th December 1771
Reference Numbers17711204-1
SentenceDeath > respited

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Robert Powell , Edward Burch , and Matthew Martin , who were formerly capitally convicted, but judgment had been respited.

Judgment was respited on Maxamilian Miller .

Transportation for seven years. 44.

Lewis Humphreys , Duncan Hardy , John Coz , John Moody , Judah Levi , Elias Levi , Joseph Loveday , Joseph Mills , Jane Davis , John Paris , Thomas Shael , Robert Ferguson , Henry Levi , Edward Evett , Daniel Miller , John Fireman , Thomas Ogilby , Richard Coleman , Ardel Henley , Elizabeth Hill , Thomas Smith , William Bailis , Richards Edwards , Anthony Chattellow , Sarah Fawcet , William Turvy , Peter Farrel , William Nicholas , John Wild , John Stevens , Thomas Yuin , Michael Kennedy , Eleanor Matthews , Elizabeth LittleJohn , Richard Misseter , Ann Butterfield , Thomas Phillips , John Murphy , Samuel Richard , Frances Walker , Mary Lancaster , Jane Carrol , Lion Bakaruc, and John Read .

Old Bailey Proceedings supplementary material. John Donaldson, Michael Murray, John Freel.
4th December 1771
Reference Numbers17711204-1
SentenceDeath > executed

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John Donaldson , Michael Murray , and John Freel ; were executed at Tyburn on Wednesday the 27th of November.

Old Bailey Proceedings advertisements.
4th December 1771
Reference Numbera17711204-1

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On Wednesday the 18th was published, and sold by S. Bladon, in Pater-noster-Row, The First Part, containing Eight Half-Sheets, Price only 6 d. of

The SESSIONS PAPER, containing, among other remarkable Trials, the extraordinary Trial of Mr. Davis, Surgeon, at Egham, for robbing the Mail.

N. B. With a view to accommodate the Public, and to render the purchase of the Sessions Paper easy to every person, the Lord Mayor has given express orders, that during his Mayoralty, the whole Trials of each Sessions shall not exceed two parts, at six pence each part.

*** These Proceedings were taken in Short-hand by JOSEPH GURNEY , No. 54. on Holborn-hill, Author of BRACHYGRAPHY, or Short-Writing made easy to the meanest Capacity, Price bound 8 s.

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