Old Bailey Proceedings.
4th December 1776
Reference Number: 17761204

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Old Bailey Proceedings front matter.
4th December 1776
Reference Numberf17761204-1

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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 of December 1776, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honble Sir THOMAS HALLIFAX , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY , And Published by Authority.

NUMBER I. PART I.

LONDON:

PRINTED BY WILLIAM RICHARDSON ; AND SOLD BY S. BLADON, in PATER-NOSTER ROW.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Hon. Sir THOMAS HALLIFAX , Knt. LORD MAYOR of the City of London; the Honourable Sir RICHARD ASTON , Knight, One of the Justices of his Majesty's Court of King's Bench; the Honourable Sir BEAUMONT HOTHAM , Knt. One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate holden for the said City and County of Middlesex.

London Jury.

John Form ,

Sidalance Drinkwater,

Christopher Emmott ,

Joshua Burt ,

John Butts ,

Nicholas Phips ,

Silvester Lowden ,

Edward Quidington ,

John Berrisford ,

James Elisha ,

John Smith ,

Francis Joyce .

First Middlesex Jury.

James Showell ,

William Dickins ,

Thomas Vardy ,

William Barlow ,

Thomas Lee ,

John Stone ,

Joseph Segar ,

John Edmondson ,

George Pratt ,

William Marsh ,

John Wood ,

Thomas Bedford .

Second Middlesex Jury.

Henry Russell ,

John Warren ,

Samuel Hurd ,

Charles Elliott ,

Charles King ,

William Kerry ,

Daniel Cooper ,

James Irwin ,

Edward Clempson ,

Robert Hewett ,

William Huie ,

Thomas Rodes .

JOHN SMITH.
4th December 1776
Reference Numbert17761204-1
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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1. JOHN SMITH was indicted for burglariously breaking and entering the dwelling-house of Bridget Davies , widow , on the 18th of November , about the hour of two in the night, and stealing a pair of brown thread stockings, value 1 s. a pair of silver shoe-buckles, value 5 s. and 7 s. in money numbered, the property of Edward Davies ; a watch with the inside case made of base metal, the outside case shagreen, value 20 s. a steel stock-buckle, value 6 d. and a linen stock, value 6 d. the property of Thomas Davies , in the dwelling-house of the said Bridget .

JOHN FITZPATRICK sworn.

I am servant to Bridget Davies , who keeps a public-house in Clarges-street, Piccadilly ; I fastened up the house at night; I fastened the back-door at which they got into the house a little after eleven o'clock; I went to bed then, and left my two young masters up; one of them came in after I went to bed: we found the house broke open in the morning.

JAMES CLARKE sworn.

I am a post-chaise boy; I am servant to Mr. Hemmings: Mrs. Davies keeps a public-house; on the Tuesday morning that the house was broke open, I went into the yard from a house adjoining, and went to the back-door to see what it was o'clock; I found the back-door open, and the window was about a quarter up; I put my hand to it and put it quite up, and asked the girl who was within, what it was o'clock? she said, it wanted a quarter of six.

EDWARD DAVIES sworn.

I came in between eleven and twelve o'clock, after the boy was gone to bed; the maid let me in; I did not see the doors and windows fastened; I can only speak to the property; in the morning I observed a spot of dirt on the window, which I judged to be the mark of a man's foot; I missed a pair of buckles out of my shoes about seven o'clock in the morning.

[The buckles were produced in Court, and deposed to by the witness.]

THOMAS DAVIES sworn.

Do you remember any thing of the doors and windows being shut on the 17th of November at night? - No; the watch and stock-buckle mentioned in the indictment are my property; I hung the watch over the chimney-piece at night, and missed it about seven o'clock next morning.

[The watch was produced in Court, and deposed to by the witness.]

ANN DUFFIN sworn.

I fastened the doors at night, and went to bed; I got up to let Mr. Edward Davies in, and am sure I fastened the door after he came in; I was the first that got up in the morning, and then I found the door open, the bolt was put back; there was a hole in the door through which a man might put his finger and push it back; I am sure I fastened it over night; I observed the mark of a man's foot on the window.

JAMES HIDE sworn.

I belong to the Rotation-office: I was informed of a person offering a pair of silver buckles to sale at a public-house in Piccadilly; I suspected him; I went and saw the prisoner, he had a watch in his breeches pocket; I took him to the Rotation-office, and there I took this watch and silver buckles from him; I found he had been servant to Mrs. Davies, at the Red-lion in Clarges-street; I asked him if he had stole the things at that house; he denied it at first, but at last I got it out of him; I took him in a coach to Davies; I asked her if she had been robbed? she said, yes, and came out and looked into the coach, and called the prisoner Bunker, and said, she suspected it was him that had robbed her.

What was it he confessed to you? - He said he got over a pair of large gates, and got into the yard; that he put his finger through the hole of the door, and pushed back the bolt, and got in and went up stairs, and took the watch and buckles.

JEREMIAH HARRIS sworn.

I live at a public-house; I saw the prisoner with a pair of silver buckles; he offered to sell them for sixpence; I remember his going afterwards to the public-house where James Hide saw him with the watch and buckles upon him.

PRISONER's DEFENCE.

'I bought these things of another person.'

NOT GUILTY of breaking and entering the dwelling-house, but GUILTY of stealing to the value of ten-pence . W .

Tried by the First Middlesex Jury before Mr. RECORDER.

THOMAS BURROWS.
4th December 1776
Reference Numbert17761204-2
VerdictGuilty
SentenceDeath

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2. THOMAS BURROWS was indicted for feloniously assaulting one William Brooks on the 28th of November , and that he feloniously, diabolically, and against the order of nature, had a venereal affair with the said William, and carnally knew him, and did commit and perpetrate with the said William

that detestable and abominable crime (among Christians not to be named) called buggary, against the statute, &c.

ANTHONY LOAME sworn.

What are you? - A cabinet and chair-maker by trade.

Where do you live? - In Hart-street, Covent-garden.

What do you know of the prisoner? - I saw him guilty of a very dirty action.

Begin regularly? - Last Wednesday I was at the Harlequin in Drury-lane, and had a pint of beer; the prisoner came in.

At what time? - About eight o'clock, as near as I can guess.

Did you know him before? - No, only coming up time after time bothering after me; he asked me to drink many a time.

Then you knew him personally? - Yes.

He came in about eight o'clock? - Yes; I was in the public tap-room at the Harlequin; he asked me to drink.

Was there any body there? - Yes, there were people there; but I don't know who they were rightly; I did drink part of a pint of beer with him; then he sent for a quartern of gin; then he asked me if I would go home and eat part of a piece of turkey and a piece of goose he had got; he said, I should be welcome to eat part of it; I went home with him.

Where? - In Nag's Head-court, Drury-lane; a gentleman that was there, that keeps his carriage sent for a couple of bottles of wine; there were five gentlemen there besides him.

What all to sup with him? - Yes.

What is the prisoner? - He washes and irons and cooks, and that for these sodomites; and picks up young fellows for them.

Is he of no particular trade? - No; after the two bottles of wine were drank out, I went home about my business; they did not act any indecency then with me; the next day they came and enquired after me.

COURT. Come to the time that you know any thing against the prisoner? - It was Thursday night that I saw the action; he came after me to my quarters in Exeter-street, he wanted to speak to me; I had not been in above ten minutes before I saw him; he said, a gentleman would be glad to speak to me concerning some business out of the country; accordingly I went along with him to his house; they took me up stairs; there were, I believe, about fourteen of them in all, gentlemen and gentlemen's servants together; by and by there was a rug hung up taken from a bed in the room; there was a fire-place and every thing; the rug was put up in one corner of the room; Brooks, who is a gentleman's servant , and the prisoner, went behind it; Brooks is not yet taken; and there they had connections together.

How do you know that? - I saw it; after they saw that I was for going, and they would not let me; they took the key out of the door.

Did the rug continue hanging down? - One might see at one corner; and I sat against the fire-place.

Was the rug quite close to the wainscoat? - No, not one side; there was an opening that one might see; it was hung over a line at one corner of the room.

COURT. You must be very particular in describing what you saw? - I saw Brooks leaning his head against the wall: they had both their breeches down; he pulled out his - and put it into Brooks's - .

How long had they been behind this rug before you saw this? - Not above three minutes.

How long did they continue behind the rug? - Not above ten minutes, as near as I can guess.

How far was you from them? - Not farther than from that gentleman (about three yards).

Did you see any thing else? - I saw the nastiness about the room that came out of Burrows.

Whereabouts in the room? - At the corner where they were, just behind Brooks.

Afterwards they sat down and began kissing and slavering over me, and wanted to do the same with me; they began kissing me, and used me very ill; a gentleman offered me three guineas if I would go and lie with him at an inn; and afterwards he offered to make it up ten.

How many were there in the room at this time? - Fourteen.

Did you sit there all the time? - They would not let me go out; they said, you will be locked out; you had better, said a gentleman,

lie along with me; after seeing so much clandestineness, I insisted upon going home.

At what time was this, the day or night? - This was about nine o'clock at night; they kept me till between twelve and one.

Can you positively undertake to swear that this man's - was in Brooks's - ? - Yes, I am positive of it, because Burrows pulled off his coat.

What became of their shirts? - They tucked them up.

Where you sat you say you saw them behind the rug, and they were doing this for ten minutes? - In the course of ten minutes from the beginning to the end, as nigh as I could guess.

Did you sit quietly upon your chair during the time? - Yes; and did not seem to see any thing; that transaction made me sick, I wanted to go, but they took the key out of the door.

What position were they in to you? - I looked at them side-ways.

PRISONER's DEFENCE.

Every word he says is as false as God is true; he told quite a reverse story at Sir John Fielding 's: I will tell you the story as true as I can to the best of my knowledge; I have known this man some time; he is a soldier in the guards.

COURT. Are you a soldier, Loame? - Yes; I have sixty pounds lying at Mr. Townsend's in Prescot street now for my discharge.

Prisoner. I and another young fellow were drinking at a public-house, he was there; we had a pound of buttock of beef; I asked him to eat and drink with us, which he did; I saw him no more till one day coming through the Park, he was a sentry there, he said, he had longed to see me a great while; I said, why did you long to see me? he said, tell me where you live; he sent for me to Mr. Robertson's; I did not send for him; he said he had quarrelled with his wife, had dashed her through the windows and cut her arm almost off; he insisted upon my going to see her in the hospital; I did, he made me in liquor; I went home to sleep with him; he stole a pair of silk stockings out of my pocket; I asked him for them, he said, I gave them to him; he got me pressed; he thought, I suppose, I was going to do something with him about the stockings; I was on board the tender from Saturday to Monday night; this accusation against me is as false as God is true. I am a watchcase maker by trade; I served my time upon Puddle-dock; but I have been harrassed about so, that I have not had time; he has told quite a different story at Sir John Fielding 's to what he says now.

GUILTY . Death .

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

WILLIAM CATHERALL.
4th December 1776
Reference Numbert17761204-3
VerdictGuilty > with recommendation
SentenceDeath

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3. WILLIAM CATHERALL was indicted for that he in the king's highway in and upon Thomas Hammond did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with an inside case made of base metal, and an outside shagreen case, value 20 s. a steel watch chain, value 6 d. a brass watch key, value 1 d. a base metal seal, value 2 d. and 7 s. in monies numbered, the property of the said Thomas , August 25th .

THOMAS HAMMOND sworn.

I am a clerk in the Agent's-office: upon the 25th of August last, about eight at night, when I was in Ranelagh-walk , I was attacked by three fellows, one held a knife to my throat, another demanded my money and my watch; I immediately gave him my watch and 7 s. in money: I cannot swear to the persons of any of the men, for it was dark; there was nobody in sight at the time; it was on a Sunday evening; it might happen about thirty yards from any house.

THOMAS BULL sworn.

I am a chandler: I was at the Three Compasses in Gravel-lane; about eleven o'clock that night I came home and found one Lyon a constable in my shop; while Lyon was there, three people came in to enquire after one Mrs. Ephraim, whose character I suspected; I desired to know what they wanted with her; Heckstall the evidence was one of the three people, the prisoner was another; I asked them if they had any thing to sell, if they had, I could buy it as well as she; we went out just from the door, Heckstall said, he would sell me some plate, but it must be anoth er night, he had not got it then, but he wanted some

money immediately; I said, I never advanced money without having goods in hand, upon which, he pulled out the watch; I seized him that moment, and dragged him into the shop, and called out for Lyon for assistance; I searched him, but could not find the watch upon him, but about a yard from the door they found the watch lying in the street.

[The watch was produced in Court, and deposed to by the prosecutor.]

NATHAN LYON sworn.

I am a constable: I was with Bull that night, that is the same watch; I am sure that Heckstall and Catherall were two of the three; I am as positive to Catherall's person as to Heckstall's; it was a very fine night, and there were two candles in the shop, and they were close to the shop door.

JOHN HELEY sworn.

Heckstall was brought in October last to Sir John Fielding's Office upon another account, nobody swore to him there; he said, Catherall and one Dover, not taken, were concerned with him in robbing Mr. Hammond in Ranelagh-walk, and that the watch was found by some Jews in Gravel-lane; upon this, I apprehended Catherall on the 31st of October, and upon searching his room I found this pistol in his box (producing it).

JOHN HECKSTALL sworn.

Upon the 25th of August, I met Catherall in the Walk at Mary-le-bone; we went to bathe together in the New-river; we met again about eleven o'clock, and went to the Nag's-head in Hedge-lane; then we went to Westminster, intending to bathe again; then we went on board the transport to see the prisoner's brother; then we returned back as far as London-bridge in a boat, and then walked to Hedge-lane again; Catherall then proposed to go and pick pockets, which we consented to; but as we were going along, he said, D - n it, let us go to Chelsea to stop somebody; upon which we walked as far as Chelsea; in Ranelagh-walk we saw Mr. Hammond, Catherall laid hold of him and pulled him off the walk; he struggled a little, but Catherall was stronger and held him; we demanded his money; Dover took the watch and put it into my hand, and I put it into my pocket, and then ran away; Catherall, to the best of my knowledge, is the person that held the knife to Mr. Hammond.

HAMMOND. The person that held me by the collar I am positive was not the person that held the knife to my throat.

HECKSTALL. From thence we went in a coach to the White-horse in Picadilly; and then to the Nag's head again in Hedge-lane; from thence we took a coach and went to Petticoat-lane; we went to Bull's house; he asked what we had to sell; I pulled out this watch, upon which he immediately seized me; upon being seized, I gave the watch to Catherall, who, as he told me afterwards, dropped it in the street: I parted with him in Oxford road at three o'clock.

PRISONER's DEFENCE.

I was not in company with the accomplice.

FOR THE PRISONER.

RICHARD CARTER sworn.

I have known the prisoner seventeen years, his father is a taylor; I always saw him industrious in his business; the witness has a very bad character.

JOHN CRAWFORD sworn.

I have lived with the prisoner's father five years, he always bore a good character; the witness is a very bad man.

ELIZABETH EDWARDS sworn.

I have known him some years, he bears a good character.

GUILTY . DEATH .

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

The prisoner was recommended by the prosecutor to his Majesty's mercy.

THOMAS HUGHES, JOHN CALCOTT.
4th December 1776
Reference Numbert17761204-4
VerdictGuilty
SentenceDeath

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4. THOMAS HUGHES and JOHN CALCOTT , otherwise COCKET , were indicted for that they in a certain field and open place near the king's highway in and upon Sarah Jennings , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black silk hat, value 1 s. a black silk cloak, value 10 s.

and one shilling in money numbered, the property of the said Sarah , October 20th .

SARAH JENNINGS sworn.

Upon Sunday evening the 20th of October, about seven o'clock, I was robbed in the middle of Islington town; a man came from behind an empty cart, he took hold of me, and held a knife to my throat, and swore that if I did not give him my money he would kill me; upon which I screamed out, thieves and murder twice; then he threw me down, and as he was throwing me down I saw another man come from behind the same place; it was the first man that came up to me that tore off my hat and cloak, and stood with a knife to my throat, and swore that if I did not deliver my money directly, he would cut my throat, he did cut my head, whether designedly or accidentally I cannot tell; I begged that he would let me get up, that I had but a shilling, and I would give it him, which I did; as they were running away, two boys, Hatfield and Ross, came up and asked what was the matter; I said, why did not you come sooner, the man was going to kill me; it was moon-light; in regard to the person that did the fact, I think Hughes is like him, but I cannot swear to the man's face; the other man did not do any thing to me; that is the man that came from the same place, he ran away with my hat and cloak, which were given him by the other man; I saw them next day at Sir John Fielding 's, hearing they were taken up upon another occasion; I am a servant to Mr. Moore in Cheapside, my mistress has a lodging at Islington, and I often go there.

WILLIAM HATFIELD sworn.

On Sunday night the 20th of October, when I came up they had got the prosecutrix down; and they swore if she did not give them what she had they would kill her.

Did both swear that? - No, Calcott; I laid hold of Calcott's coat, Calcott was along with the girl, he had hold of her by the gown; upon my laying hold of Calcott's coat, Calcott threw me against a cow-house or barn that is there, and swore if I made any noise, he would cut my throat; with that the other boy, John Ross , came up too, and then the men ran away; and then a gentleman in black came up, it was light enough for me to see him: Calcott was in liquor.

Did you hear the young woman say any thing to you? - No, nothing at all.

JOHN ROSS sworn.

Upon the 20th of October at about seven at night, Hatfield and I were playing in Islington; we heard murder cried out, Hatfield ran over to know what the matter was; I followed close at his heels, he catched hold of Calcott's coat, and asked him what he was about; upon which, Calcott pushed Hatfield against the door; this young woman was then upon her legs standing near the barn; Hughes had a knife across her throat; I think Hughes said, you b - h, we will cut your throat if you don't give us your money or what you have; she said, gentlemen, don't use me ill, I have but a shilling in the world, that I will give you; the other man was not two yards off; they pulled the hat and cloak off, and in pulling it off, pulled her down upon the ground; I cried out, upon that a gentleman came up in black with a cane in his hand, and then they ran away; her ear was cut a little; I was close to these men, and perfectly know the prisoners are the men; Hughes pulled off the hat and cloak and gave it to Calcott; I saw their faces by the lamp, I never saw them before: Hughes had a blue coat and slapped hat on, it was light enough to distinguish the colour: they both threatened to cut her throat.

LEONARD STAPLES sworn.

About half past seven o'clock as I was coming from the Spotted-dog, between that and the George, a woman complained of her door being broken, and her things cut, and that she had been used ill by these men; I took Calcott by the coat, and asked him what he had got, he said, nothing; I saw Calcott throw the cloak over the pallisadoes, a man immediately got over and took up the cloak; when it was shewn to Sarah Jennings , she said it was hers; Calcott at first said it was his wife's cloak, afterwards he said it was not; Calcott ran some yards, but I laid hold of him again: it was one Evans that stopped Hughes.

THOMAS EVANS sworn.

Staples and I were coming from the Black-dog at Islington; a woman they called Scampin said, she wished we had come up sooner, for some fellows had been breaking her door; I saw Hughes and Calcott standing by the

George door; I laid hold of Hughes and said, what have you been doing? he said, nothing at all; he lived with the woman that made the complaint; Calcott came close to me, he was rather drunkish, he shoved up against us; Staples laid hold of Calcott, he got from him and offered to run, I bid Staples run after him, which he did, and another man, in the mean time I held Hughes, and we secured them both; then I asked the woman Scampin, whether this was her cloak, she said, no; Calcott said it was his wife's cloak; I said, are you sure of that? then he said, no, it was not; I took this knife (producing a very large clasp knife) out of his pocket; this was between seven and eight in the evening.

CHARLES ALLEN sworn.

A little below the Spotted-dog there was a complaint made by a woman of her door being broke open and things cut; she spoke to Mr. Staples whom she knew, and said, the people at the George would give them in charge; I went to the George, the two prisoners came out of the George, the woman said they were the persons: while Staples took charge of Hughes, I observed Calcott lean towards an area and take from under his coat, a hat and cloak, and throw it down the area, I got them up; here is the cloak and the hat (producing them).

[They were deposed to by the prosecutrix.]

'The prisoners in their defence denied the

'charge.'

FOR THE PRISONERS.

JOHN COLYER sworn.

I am a peruke-maker; I have known Calcott some time, I never-heard any ill of him before; he was a porter and jobber; he often moves lodgers goods, I have employed him in that business; he is an honest man.

WILLIAM JEFFERYS sworn.

I am a publican; Calcott is a porter and made shoes, I have entrusted him to go thro' my kitchen, I never missed any thing; I have known Hughes eight years, I never heard any harm of him.

WILLIAM TAYLOR sworn.

I am a peruke-maker; I have known him some years, he has been put in possession of goods by tenants at their request when they distrained; he had a good character.

JOHN WARD sworn.

I have known Calcott seven, eight, or nine years, he is an honest man; I know nothing bad of Hughes.

ALEXANDER FERGUSON sworn.

I am a baker and live next door but one to Calcott's father; I have employed Calcott as a porter, I have often entrusted him and never missed any thing.

THOMAS WARREN sworn.

I am a publican in Warren-street; Calcott was esteemed an honest man; I never heard any thing against Hughes.

BOTH GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Justice ASTON.

RICHARD WRIGHT, BENJAMIN EYRES.
4th December 1776
Reference Numbert17761204-5
VerdictGuilty
SentenceDeath

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5. RICHARD WRIGHT otherwise BRENT and BENJAMIN EYRES were indicted for burglariously breaking and entering the dwelling house of Frederick Cammerell , Esq ; on the 22nd of October , between the hours of eleven and two in the night, and stealing a large silver soop spoon, value 20 s. a silver table spoon, value 10 s. two linen shirts, value 10 s. and a linen table cloth, value 5 s. the property of the said Frederick; three linen shirts, value 6 s. and a black silk cloak, value 10 s. the property of Betty Oldfield , spinster , in the same dwelling house .

BETTY OLDFIELD sworn.

I live with Mr. Cammerell at Hanwell; I got up between six and seven o'clock on Wednesday the 22nd of October, and went into the house-keeper's room below stairs, I found the sash thrown open; there is only one window to the room, there were inside shutters, they had not been put to; I found the locks to two cupboard doors and the locks on two drawers. in that room broke open; I missed a black silk cloak and a linen table cloth, and I missed some shirts which the young gentleman gave to me, there were three or four of them; this window looks into the garden.

Was you in that room the night before? - No; I was in the day, but not at night.

What time did the family go to bed? - About eleven, and I went to bed after twelve.

Did any body sleep below? - No; there

were the marks of dirty feet upon the dresser where they had got out at the window.

Is the window high? - No; it is a very little way from the dresser, and there were in the middle of the room a sugar chopper and a dirty stick; the last time I was in the room before was in the morning, these cupboards and drawers were fast then; two of the locks were quite tore off, one had the wood broke.

[ The shirts were produced in Court by John Heley ; and the cloak by Mary Smith a pawnbroker, and they were deposed to by Betty Oldfield .]

Had you any cause to suspect any particular person as being concerned in this burglary? - Not when the house was first broke open, not till the men were taken; one of the shirts was found on one of their backs; I was not present when it was found.

Cross Examination.

Are there any marks on the shirts? - Yes; one is marked with black worsted, and one has a pair of wristbands that were given me; I know them by those marks and the work.

Is there no name marked on them? - No.

You don't know any thing of the house being broke open? - I know the drawers were broke open, I locked them over night; I had the care of that room.

You don't know whether the sash was shut down over night? - I think it was, I don't know.

ANN GRAPES sworn.

Do you live at this house? - Yes; I live servant there, I have the care of the lower part of the house.

Do you know whether you shut it on the 22d October? - The sash of the window was shut down, I had not shut the shutters to; there is a wire lattice on the outside of the window hung on with hooks, that lattice was taken off the hooks and laid upon the grass; I was in the room between ten and eleven at night, the drawers were shut then; I was going to shut the shutters and was called away.

When did you go into the room next? - Not till the next morning after my fellow serservant found it out.

Were the drawers and the cupboard shut? - Yes, in the evening; I saw the locks broke off and the drawers open in the morning; I found the window shoved quite up to the top, and the wire lattice was laid in the garden.

What time did you go to bed? - About half after eleven.

This room looks into the garden? - Yes.

Have you any reason for suspecting the prisoners? - I don't know the prisoners, I never saw them.

EDWARD PARKER sworn.

I know the prisoner Richard Brent : upon the 22d of October I was going home and met him as I was going along.

Where did you meet him? - About a hundred yards from the Hound and Hare, a public house on Hanwell-heath.

What time did you meet him? - I cannot directly say, it was in the afternoon; he asked me to give him some beer, I said I thought I should not, I had not money enough to give him any; however, we went back to the public house and drank together; several people came in and drank with us, being an old neighbour; while we were drinking, I gave him a stick which I had in my hand to walk home with.

Have you got it here? - Yes; this is the end of it (producing it) which he cut off while I was there, it has a particular mark on it; I gave him the stick this belongs to walk home with, he cut off this piece and threw it down by the fire-side; it lay there some time, and then a young man that was with him took it up in his hand and held it till they went out; he took the piece and Brent took the other part with him.

Who is that young man? - The other prisoner.

When did they leave the house? - Between ten and eleven as nigh as possible.

Cross Examination.

What is the stick produced for? - Because I gave it him to walk home with, and it seems it was found some where about the house.

JAMES WATSON sworn.

I am gardener at this house: in the night the house was broke open, I was brewing; Betty Oldfield came to me in the morning in the brewhouse, and asked me whether I had been in the house, I told her I had not; she immediately said, then the house is broke open; I did not take much notice of what she said at that time, but a little after she insisted upon my going in with her; this was between six and seven o'clock.

How do you mean that you did not take much notice? - Because I thought it was a romance, and that there was nothing in it; I thought as we had been up brewing it was impossible it should happen; the brewhouse is on the opposite side of the yard.

How large is this yard? - I suppose about 15 yards wide.

Could you in the brewhouse see that window? - No; the whole body of the house is between the brewhouse and that window; one stands opposite the South and the other opposite the North: I went with Betty Oldfield into the housekeeper's room, I saw the sash of the window up, and the lattice that was on the outside taken down and laid in the yard; the cupboards and the locks of the drawers were broke; there was a sugar chopper in the room: I went down to my business again, between eight and nine o'clock, when my master got up, I told him of it; we went to the outside of the house, and I found this stick on one side of the window in the garden, and the other part of it on the other side; there was a match with the end of it burnt off, and a piece of candle in a paper which I picked up, at the same time I picked up the sticks; I went down to the Hare and Hounds, a public-house about 200 yards off with the stick, and asked the landlady of the public-house if she knew any thing of it, she said she did; that Richard Parker had given it to Brent over-night; I sent immediately for Parker, he said he gave that stick to Brent over-night; I told my master what I had heard, and he sent a note to Sir John Fielding 's; I went afterwards with one of Sir John Fielding 's men to Brent's lodging at Chelsea, he was not at home, we staid a little while till he came in, and then we took him.

When did you take the other prisoner? - They were taken together.

Is the yard secured by a wall? - No; the whole body of the house and the coach-house, is between that yard and the yard where the brewhouse is; we found one of the shirts on Eyre's back when we took him, and the other in the other prisoner's pocket.

JOHN HELEY sworn.

I took the shirts from the prisoners, they have been in my custody ever since.

Cross Examination of Watson.

How came you to fix your suspicion on the prisoners, when the stick belonged to Parker? - Parker cleared himself by swearing that he gave the stick to the prisoners.

Was you in the yard all night? - Yes.

You heard no noise? - No.

DAVID MITCHEL sworn.

I met the prisoners as I was coming home on the 23d of October, one had a bundle under his arm.

What time did you meet them? - Between six and seven o'clock at the Black Lamb at Chelsea.

Which had the bundle? - Eyre; he gave the bundle to the other, who went home with it; he went a different way.

Did you see what was in the bundle? - No; it was tied up in a handkerchief.

Are you acquainted with them? - Yes; I have known them these seven years.

MARY SMITH sworn.

I am a pawnbroker at Chelsea: the cloak I have produced was pawned with me by the wife of the prisoner, upon Wednesday the 23d of October.

WRIGHT's DEFENCE.

I know nothing of the cloak.

FOR EYRE.

WILLIAM KNOTT sworn.

I keep the Horse-grenadier at Knights-bridge; I have known Eyre six or seven years, he bears an excellent character.

WILLIAM NAIL sworn.

I am a shoemaker; I have known Eyre eight years, and Brent about three years, they both bear a very good character.

THOMAS SIMMONS sworn.

I have known Eyre upwards of four years; he has had nothing to stain his character till now; I have worked with him early and late.

GILBERT MITCHEL sworn.

I have known Eyre 14 years, which is ever since he was a child; I never heard any thing to his discredit before this affair; his getting into bad company has been the occasion of this.

EDWARD EWER sworn.

I have known Eyre seven years, I never knew any harm of him.

JOSEPH MACINTOSH sworn.

I have known Eyre seven years, I have nothing to say of his character but what is good.

CHARLES NAYLOR sworn.

I keep a chandler's shop: I have known Eyre five years; I never saw any harm of him in my life.

BOTH GUILTY . Death .

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

THOMAS WILLIAMS.
4th December 1776
Reference Numbert17761204-6
VerdictNot Guilty

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6. THOMAS WILLIAMS was indicted for stealing two asses-skin pocket-books in leather cases, value 5 s. the property of William Shenton , October 26th .

[The prosecutor was not able to swear to the property].

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

NICHOLAS FENNELSON, JOHN LYONS.
4th December 1776
Reference Numbert17761204-7
VerdictGuilty
SentenceImprisonment > hard labour

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7. NICHOLAS FENNELSON and JOHN LYONS were indicted for stealing twenty-seven pounds weight of sugar, value 10 s. the property of Walter Blunt , Esq.

- WILLIAMS sworn.

I live with Mr. Walter Blunt who is a sugar-refiner ; I have been 12 months in the house in order to acquire a knowledge of the manufacture; Fennelson is a servant to Mr. Blunt, he is the miller; there was a suspicion of his having conveyed some sugar away, it was agreed that some of us should watch: several men sat up to watch, I came to them at three in the morning, and between five and six John Eck said he saw a man come up the yard; I came to the window, and in a few minutes saw a light and presently the door opened, and I saw Fennelson in his shirt; he looked out at the door as if he looked for some body, then he went in again and came out with a large lump of sugar; Lyons then appeared, and took the sugar and put it in a sack. Fennelson went in, and Lyons took the bag and went off; I gave a sign to the men to go out after him; I went out and saw a man about half way down the passage, close to the wall, endeavouring to conceal himself; I laid hold of him and the bag and brought him into the house, where we found Fennelson; we secured them and sent them to the watch-house.

Cross Examination.

How long has the prisoner Fennelson lived with Mr. Blunt? - He lived there before I came there.

Whether the employment of a miller in a sugar-house is not a place of the greatest trust? - No; I know no distinction, the servants are all intrusted alike.

I believe in general, the people employed in sugar-houses are foreigners? - There are foreigners in sugar-houses.

Whether the majority are not foreigners? - I cannot say, in our house, whether the majority is on the side of the foreigners or not, they are all, I believe, Irishmen and Dutchmen.

Pray is not the yard from which you saw the sugar conveyed a common yard? - It is a yard that belongs to Mr. Blunt, other people have across to it, there is a way through it; I seized Lyons with the bag and the sugar in his hands; Fennelson put it into the bag, he appeared to let it fall.

JOHN ECK sworn.

I am a servant to Mr. Blunt.

Was you appointed by the last witness to watch the prisoner? - Yes; I stood at the window and watched, I saw Lyons come up the yard; we stood and watched, till Fennelson came down from his bed-room; he opened the door and looked out, and the other shewed his face to him, then Fennelson went back and brought the sugar and put it into the bag, while Lyons held the bag; Lyons then took it up on his shoulder and carried it away; we catched him under the gateway.

Did you find the sugar in the bag? - Yes.

What quantity of sugar was there? - I cannot tell, I did not weigh it; I took it to be about a quarter of a hundred weight.

Cross Examination.

How long have you lived with Mr. Blunt?

- Two years the seventh of August last; I am a German.

There are a greater number of Germans at Mr. Blunt's than of any other nation? - Yes; the most of us are Germans.

Are not Germans apt to be very much offended, if any people of another nation are employed? - I never heard of that.

Is the miller in a sugar-house the head servant, or a common servant? - He has his work by himself; he is to grind the sugar, and when he has done it to help the other servants.

Is he not much more trusted than the common men ordinarily are? - I cannot say that; I cannot say he is any more trusted than another is.

Was there ever any quarrel between him and the Germans in the house? - No; I cannot say that there was.

What time in the morning was it you saw him bring out the sugar? - Between five and six.

' Philip Boyson , another servant to Mr.

'Blunt confirmed the evidence of the two last

'witnesses.'

EDWARD EVANS sworn.

I am a constable; Mr. Williams sent for me on Wednesday morning about six o'clock and gave me charge of the prisoners, for stealing this piece of sugar (producing it); I took them to the Compter.

FENNELSON's DEFENCE.

I know nothing at all about it.

LYONS' DEFENCE.

I got it in the highway; by the yard-door there is a parish pump; I went to get a draught of water, and found that as I came back again.

Fennelson called one witness, who gave him a good character.

BOTH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

WILLIAM COLLEY.
4th December 1776
Reference Numbert17761204-8
VerdictGuilty
SentenceMiscellaneous > branding

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8. WILLIAM COLLEY was indicted for stealing three silver shoe buckles, value 10 s. a silver stock buckle, value 1 s. and a pair of stone sleeve-buttons set in silver, value 1 s. the property of MOSES MARSHALL , November 10th .

MOSES MARSHALL sworn.

I keep a public-house in Crutched-fryars ; the prisoner drew beer for me; I lost the things mentioned in the indictment out of a box in the one-pair of stairs room; the box was not locked.

Who slept in that room? - No one; I saw them two days before; I suspected the prisoner on the Sunday night, and got a constable and searched his box, and found the buckles in it; the box was locked; the constable took the key out of the prisoner's pocket.

[The buckles and buttons were produced in Court, and deposed to by the prosecutor.]

WILLIAM GOWELL sworn.

I am a constable: upon the 10th of November Mr. Marshall sent for me, and gave me charge of the prisoner; I asked the prisoner where the key of his box was, he said, his mother had it; I searched him, and found a key in his pocket; I asked him if that was the key of his box, he said, yes; I went up with him, and opened the box, and I found the buckles.

The prisoner said nothing in his defence, but called four witnesses, who gave him a very good character.

GUILTY . B .

Tried by the London Jury before Mr. RECORDER.

DANIEL HULSE.
4th December 1776
Reference Numbert17761204-9
VerdictGuilty
SentenceCorporal > whipping

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9. DANIEL HULSE was indicted for stealing five ounces of tea, value 7 s. the property of Peter Anstie and Robert Worstead , November 16th .

PETER ANSTIE sworn.

I am in partnership with Mr. Worstead, we are in the tea trade ; I saw the prisoner in our shop; we had suspected him some time, he was perpetually lurking about the house, particularly when we were taking in goods: he came in on the 28th of November, and asked change for half a guinea; Mr. Worstead told him, he should have no change there; I was in the compting-house, Mr. Worstie came to me, and the prisoner followed him, and asked him again to give him change; he said he would not, and bid him go about his business:

the prisoner went out, and our man came into the compting-house, and informed us, the prisoner had taken some tea out of a cannister; we fetched him back, and I found the tea loose in his pocket; he said, he had been on board an Indiaman, and received it loose as it was; he said before my lord mayor, that he bought it at the Grasshopper.

SAMUEL HART sworn.

I am servant to Mr. Anstie; I saw the pri-prisoner put his hand into the chest and take the tea out, and put it into his pocket; Mr. Anstie stopped him, and found the tea in his pocket.

PRISONER's DEFENCE.

I pulled my handkerchief out of my pocket as I stood by the compter, and he heard the tea rattle, and said, I had got some tea; I said, yes, I brought it into the shop; he charged me with taking it out of the chest; I told him I had not touched any of their tea; it was loose in my pocket when I came into the shop.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

MARY BASSING.
4th December 1776
Reference Numbert17761204-10
VerdictGuilty
SentenceMiscellaneous > branding; Imprisonment

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10. MARY BASSING was indicted for stealing a silver milk pot, value 20 s. two silver table spoons, value 20 s. a pair of silver tea tongs, value 8 s. a silver tea spoon, value 1 s. a silver pepper castor, value 12 s. a cotton gown, value 12 s. a cotton petticoat, value 12 s. a muslin apron, value 5 s. and a linen apron, value 2 s. the property of Thomas Gandy , November 12th .

THOMAS GANDY sworn.

I am a wine-cooper in Houndsditch , the prisoner was my servant ; in the evening of the 12th of last month we missed the things mentioned in the indictment, and the same evening they were stopped by a pawnbroker.

[The milk-pot, spoons, and tea-tongs, were produced in Court, and deposed to by the prosecutor.]

THOMAS LAYTON sworn.

I am a pawnbroker: on the 12th of November, about seven in the evening, the prisoner came into my shop, and laid the two table-spoons on the compter; my man took them up, and asked what she wanted on them; she asked 16 s. on them; he thought he heard some plate rattle somewhere about her, and brought the spoons to me, and said, he had some suspicion of her; I went to her, and asked who they belonged to; she said, Mrs. Gandy; I asked her what she had in her apron; she said, some cloaths of her own; but, on further pressing her, she owned that they were Mrs. Gandy's property.

JOHN COOPER sworn.

I am a pawnbroker: I have a pepper castor the prisoner pawned with me.

[It was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I have several witnesses to my character, but they are not here.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

WILLIAM SMITH.
4th December 1776
Reference Numbert17761204-11
VerdictGuilty
SentenceImprisonment > hard labour

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11. WILLIAM SMITH was indicted for stealing a piece of flannel containing sixty yards, value 50 s. the property of Daniel Dyke Edgar , November 29th .

DANIEL DYKE EDGAR sworn.

I am a factor : upon the 29th of November, between 11 and 12 in the morning, I missed some flannel from my warehouse, I had seen it 10 minutes before; I was standing in the back part of the warehouse, I heard a person call at the door, upon which I stepped forward, and saw the prisoner at the door with the flannel upon his shoulder; a man had got him by the collar.

I asked him where he was going with the flannel; he said, a Mr. Smith had sent him for it; I said, there could be no such thing; I took the flannel from his shoulder; my porter, and the person that had hold of him, took him to the Poultry-Compter.

[The flannel was produced in Court, and deposed to by the prosecutor.]

WILLIAM SMITH sworn.

I am servant to a Mr. Ash: I saw the prisoner loitering about the prosecutor's door; I suspected he was upon some bad design; I

watched him; at last, I saw him go into Mr. Edgar's warehouse and take a piece of flannel; I asked him where he was going to, he said, he was going to Mr. Smith's with the piece, that Mr. Smith had employed him; I took him back to Mr. Edgar's; as we were taking him to the Compter, he said, You bloody bouger, if you don't let me go peaceably, I will run a knife into you, and put his hand to his pocket, but I secured him.

PRISONER's DEFENCE.

I must leave it to the mercy of the court.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

LEWIS WOOD.
4th December 1776
Reference Numbert17761204-12
VerdictNot Guilty

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12. LEWIS WOOD was indicted for stealing two china flower-pots, value 1 l. 1 s. the property of Alexander Anderson , Esq ; September 6th .

NOT GUILTY .

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

JOHN KELLY, THOMAS LATHAM.
4th December 1776
Reference Numbert17761204-13
VerdictGuilty
SentenceDeath

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13. JOHN KELLY and THOMAS LATHAM were indicted for stealing a watch, in a metal case chased, value 3 l. a steel watch-chain, value 1 s. a silver seal, value 1 s. a metal seal, value 1 s. eighty wrought silk patterns for waistcoats, value 10 l. a japanned box, value 1 s. two pair of silver shoe-buckles, value 20 s. a pair of silver knee-buckles, value 3 s. three pair of metal knee-buckles, value 1 s. a pair of steel nippers, value 5 s. a pen-knife, value 1 s. a steel cork-screw, value 6 d. a pencil with a silver top, value 2 d. a pair of iron tweezers, value 1 d. and six tambour cases, value 4 s. 6 d. the property of Thomas Colcomb , in his dwelling-house , October 25th .

THOMAS COLCOMB sworn.

I keep a tambour warehouse in Cecil-court, St. Martin's-lane : upon the 25th of October, about ten at night, the house was stripped of every thing in it; I believe it was about that time, for a little before ten I made it fast, and went to supper in my parlour; and at ten, or five minutes after, I found the shop-door open, and the bureau and all the drawers opened and stripped; the value of the things I lost was about 40 l. Latham I had often observed at my shop-window, looking under it in an evening; I have taken notice of it to the women who were working in the shop, and when I have gone out of the shop-door, Latham always walked away; I often saw Kelly with Latham; I saw Latham that particular night, but did not see Kelly. Upon the 6th of November they were apprehended; as soon as I challenged some of the things as belonging to me, Latham came up to me, and desired me to be very careful what I swore to, as it might affect his life; I recollected his face instantly, and swore to his being the person I had so often seen about my shop; and said, at the same time, I believed Kelly was the other: upon searching the lodgings the next day, I am not precise as to whose lodgings they were, I understood they lived together, other trinkets and things were found, and particularly, a lock of a little boy's hair I had the misfortune to lose a few days before.

MATTHEW SWIFT sworn.

I am a constable: I searched Kelly, and found a pen-knife and a parcel upon him, the 16th of November, at a shoemaker's shop in Winchester-street; in Kelly's box, at his lodgings, I found the buckles and nippers; I found also a lock of hair in a bit of paper behind the grate in Kelly's room.

[They were all produced, and deposed to by the prosecutor.]

PERCIVAL PHILLIPS sworn.

I am a constable: I found a cork-screw upon Latham, the other prisoner had been backwards; I suspected he might have dropped some things; I went to look, and found some pick-locks.

LATHAM's DEFENCE.

I know nothing at all of the matter.

KELLY's DEFENCE.

It was not my lodging; it was the lodgings of a girl of the town, where I sometimes went; other people might have left these things at her lodgings as well as me.

FOR THE PRISONERS.

PHILIP ISAAC sworn.

I know Mr. Colcomb: the morning after the fact he told me he had been robbed; I

asked him whether he suspected any of the lodgers; he said, no, he suspected a little thin, short, shabby, ill-looking fellow, whom he had often seen looking in at his window: if Mr. Colcomb has sworn that he left 80 pieces of tambour embroidery, he must either have sworn falsely now or the other day at the Court of Conscience, because upon a quarrel between us, as to the payment of this embroidery, I summoned him before the Court of Conscience, and there he denied having ever received this tambour at all.

Prosecutor. I swore I had nothing done by him that I owed him for; these things were not done by him.

BOTH GUILTY . DEATH .

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

MARY WRIGHT.
4th December 1776
Reference Numbert17761204-14
VerdictNot Guilty

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14. MARY WRIGHT was indicted for stealing a printed book, intitled Hervey's Meditations, value two shillings and six-pence, and one other printed book, intitled The Practical Gardiner, value eighteen-pence , the property of Peter Floyer jun. October 30th .

'There was no evidence to bring the charge

'home to the prisoner.'

NOT GUILTY .

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

ANN SHEPHERD.
4th December 1776
Reference Numbert17761204-15
VerdictGuilty > theft under 40s
SentenceMiscellaneous > branding; Imprisonment

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15. ANN SHEPHERD was indicted for stealing two silk gowns, value 3 l. two quilted petticoats, value ten shillings, four linen shirts, value four shillings, two muslin neckcloths, value two shillings, six linen stocks, value one shilling, a pair of silk stockings, value four shillings, a pair of stays, value ten shillings, a scarlet petticoat, value two shillings, a linen handkerchief, value six-pence, and a linen towel, value six-pence, the property of Ann Dadford , widow , in her dwelling-house , Sept. 29th .

ANN DADFORD sworn.

I live at No 17 in Gray's Buildings : upon Michaelmas-day, between three and four in the afternoon, I lost these things mentioned in the indictment; they were locked up in a trunk; they were stolen while I went to dine with a friend; the prisoner lodged with me; when I went out between twelve and one I left her in the house; when I came home again I found she had locked the door and left the key at a neighbour's house in case I should want it; when I went in I found the trunk broke open; I never saw her again till I saw her at Sir John Fielding 's; she had lodged with me about eleven days.

What was the value of what you lost? - About three pounds; the most valuable of the things I have not recovered.

RICHARD SHEPHERD sworn.

I am a constable: I found these things in Northamptonshire upon Thursday the 12th of October, upon the pillow of one of the beds in the prisoner's mother's house; she lodged there; upon her being taken up her mother gave up the rest of the things.

[The things were produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

That is all that I ever saw or had; she had more lodgers besides me.

GUILTY of stealing to the value of thirty-nine shillings .

Tried by the First Middlesex Jury, before Mr. Baron HOTHAM .

[Branding. See summary.]

[Imprisonment. See summary.]

THOMAS JONES.
4th December 1776
Reference Numbert17761204-16
VerdictNot Guilty

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16. THOMAS JONES was indicted for stealing a table clock in a mahogany case, value five pounds, the property of Thomas Bramble , in his dwelling-house , Nov. 21st .

'The prisoner was seen with the clock the

'morning after it was lost by one of Sir John

'Fielding's men, who watched him into a shoemaker's

'shop where he set it down, on which

'he was secured. The prisoner said, that he

'had kept a broker's shop; that he received the

'clock from a young man in a public-house,

'and was going to enquire the value of it; and

'he called five witnesses, who gave him a good

'character.'

NOT GUILTY .

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

WILLIAM ROBINSON, JAMES DOYLE.
4th December 1776
Reference Numbert17761204-17
VerdictNot Guilty

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17. WILLIAM ROBINSON and JAMES DOYLE were indicted for stealing three live hens, value three shillings , the property of John Turner , Oct. 21st .

'It appeared upon the evidence that the hens

'were found dead upon the stall, and the prisoners

'were present.'

BOTH NOT GUILTY .

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

ABRAHAM HANDREQUAS, JOHN STEWARD.
4th December 1776
Reference Numbert17761204-18
VerdictNot Guilty

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18. ABRAHAM HANDREQUAS and JOHN STEWARD were indicted for stealing 180 yards of callimanco, value forty shillings , the property of Henry Freeman and Thomas Hewitt , Nov. 28th .

HENRY FREEMAN sworn.

I am in partnership with Mr. Hewitt; I delivered to my whitener a quantity of callimanco upon the 28th of November, about four in the afternoon.

WILLIAM STREET sworn.

I am in the service of the prosecutors; it is my business to deliver out the callimancoes; it was to be delivered to Mr. Bufoys to whiten, and from Mr. Bufoys I was to bring it back again; I had a great quantity of callimanco in my cart; about eight or nine o'clock in the morning the callimanco mentioned in the indictment was in the cart; when I came to Mr. Bufoys I missed it; where I lost it I don't know.

RICHARD DIGNAM sworn.

I was informed that I might meet with a person who had made his escape out of our custody at a place called the Hill in Petticoat-lane; I went to search a house for that person; I saw a person come out of a house about three doors off that I well knew; my curiosity led me to go to that house; I thought perhaps the person I was in pursuit of might be there; I went up stairs and saw the two prisoners; this callimanco was in a linen bag in the possession of Steward; it was given to him by Handrequas; Steward seeing me dropped the bag and run up the second pair of stairs; I immediately secured them both and the callimanco; I marked all the pieces (producing them).

Mr. FREEMAN. When I delivered them out there was a red seal upon them, but there is a private mark of my own upon each piece (looks at them); they are my property.

DIGNAM. I saw the prisoners first on the landing-place of the one-pair of stairs; the door of the one-pair of stairs was open, and there was a candle on a table opposite, by which I could see them very plain; Handrequas gave the bag to Steward, and I saw Steward drop it.

HANDREQUAS's DEFENCE.

I was coming from work about seven in the evening and I met George Steward ; I asked him to go home with me to supper; when we had been in a little while we heard a violent noise below; we thought it was a press-gang; we ran up stairs; the shoemaker who lives in the two-pair of stairs thought there was a press-gang and would not let us in, and Dignam came up and handcuffed us; I never saw the things till I saw them at Justice Wilmot's office.

STEWARD's DEFENCE.

We hearing a noise ran up stairs thinking it was a press-gang; the goods were found in a long dark entry; I know nothing of them.

'Steward called six witnesses who gave him

'a good character.'

'Handrequas called one witness