Old Bailey Proceedings.
25th February 1789
Reference Number: 17890225

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Old Bailey Proceedings front matter.
25th February 1789
Reference Numberf17890225-1

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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 25th of FEBRUARY, 1789, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.




Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row; and J. BELL, Royal Exchange.



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

BEFORE the Right Honourable WILLIAM GILL , LORD MAYOR of the City of London; the Honourable Sir NASH GROSE, one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq. 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.

First Middlesex Jury.

Richard Holbrook

Joshua Brooks

James Hagarth

John Mandell

Paul Barbett

James Gray

George Young

John Hall

Thomas Rhodes

William Weston

George Scardefield

William Roper .

London Jury.

William Trotter

George Macenzie

James Dyer

William Walter Viney

William Gray

John Drinkall

John Skelleto

George Coleman

Edward Johnson

Joseph Alsop

Richard Harris

George Taylor .

Second Middlesex Jury.

John Cole

John Harper

John Richards

Benjamin Taylor

Matthew Haycock

Robert Claridge

William Winnescome

Floriman Goddard

Henry Schoolbread

David Williams

William Case

William Cross .

25th February 1789
Reference Numbert17890225-1
VerdictNot Guilty

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182. WILLIAM PATMORE was indicted for that he, and one RACHEL WALTERS , not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, contriving and intending Mary Patmore , the wife of him the said William Patmore , feloniously to starve, kill, and

murder, on the third day of January, at the parish of St. Dunstan, Stebon Heath , and continually afterwards to the 25th of the said month, on the said Mary Padmore , in the peace of God and our Lord the King, then and there being feloniously, wilfully, and of their malice afore thought, did make an assault; and that he the said William Patmore her the said Mary Patmore in a room, in his dwelling-house, did confine and imprison; and that he till the said 25th of the said month, at the parish aforesaid, feloniously, wilfully, and of his malice aforethought, did neglect, omit, and refuse to give and administer to her his wife sufficient meat, drink, and assistance, by means of which said confinement, and also for want of such sufficient meat, drink, and assistance, she from the 3d of January till the 25th of the said month, at the parish aforesaid, did languish, and became greatly ematiated in her body, on which said 25th of January , in the parish aforesaid, she of such confinement and imprisonment, and for want of such meat, drink, and assistance, did die; and so the jurors say that he the said William Patmore her the said Mary Patmore , his wife, in manner aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder . The said William Patmore also stands charged with the like murder on the coroner's inquisition.

(The case opened by Mr. Silvester.)

May it please your lordship, and you, gentlemen of the jury, the prisoner at the bar, William Patmore, stands charged with the wilful murder of his wife; murdered, if true, in a most cruel and deliberate way. Gentlemen, you have heard the charge stated to you by the officer, that by confinement and for want of food, he has been the death of his nearest and dearest relation. Gentlemen, it becomes my duty, though a very painful one, indeed, to state a case of his kind to you, to charge a man with wilful murder, for which this prosecution is taken up by the officers of the parish, who think it their duty whenever a death happens by violence, or any suspicion lights upon any person that has been the occasion of this death, to bring the case before a court and jury; having no wish but that justice should take place, and that you should judge in publick of the prisoner how far he is guilty of this charge; a more serious one cannot come before a court of justice. But, gentlemen. the more serious the charge is, the stricter evidence you will require. If you are perfectly satisfied that he is guilty of murder, I am sure you will pronounce him so by your verdict. Gentlemen, the prisoner was a staymaker , and kept a house in High Street, in the hamlet of Mile End : his wife, to whom he had been married about fourteen years, had not resided with him for between 12 and 13 years; but in the begining of November, or the latter end of October last, being then big with child, and lame in one of her knees, the officers of the parish in which she was, applied to her husband, and told him he must take care of his wife. She then was conveyed from the lodging where she lived, in a hackney coach, to the house of the prisoner; she was unable to walk, and was therefore carried up into the back garrat of the prisoner's house; he cohabiting at the same time with another woman, in the same house; in this back garrat there was no fire-place, and only one chair; and the only thing she had to lay upon was some garden mats; the only thing to cover her was some sackcloth: in that situation, with child, and lame, there it was she was confined and unable to stir. Before he brought her home, and after he had brought her home, he declared that she should have no other assistance and support but the rind of rusty pieces of bacon, rotten potatoes, cold turnips, and now and then a dry herring. From the month of November till the month of January she continued in that state; but she was so weak and so ill at the time, that when he tried the experiments of putting the miserable food which he brought her at a distance and out of her reach, she was unable to get at

it. At another time he lost the window and the door open; but she was unable to shut either, because she was weak and seeble. On the third of January she was delivered of a child, which child soon died. She continued alive till the 25th of January, and then departed this life. Her death, and the declaration the prisoner had frequently made, not only that he would dispose of the child by selling it, but likewise of his deceased wife, created an alarm in the neighbourhood; the officers of the parish went there, and found this woman in a most miserable situation: surgeons attended the coroner, but not knowing any thing of the treatment she had met with, observed on her person no particular marks, or any thing to which they could, from outward appearance, say was the cause of her death; there was a mortification on her back, but that might be owing to her laying hard, and receiving injury from the coldness of the weather, which was remarkably cold, and having no bed. However, some time after, two surgeons were sent for, and the body was opened: on opening the body, they found in the stomach but a very small quantity (about a tea cup full) of fluid; the intestines were entirely empty; in short, by the appearance of the inside, they had little doubt but that this woman got her death by being deprived of natural food. Gentlemen, that circumstance alone, independant of any other, would certainly not be sufficient to induce you to find any one guilty of starving a person to death; because the emptiness of the stomach, the emptiness of the intestines, may be from natural causes; from illness, from a desire of not taking food, from inability of digestion: you will therefore not argue merely on that circumstance, but couple together the circumstances of the treatment she met with from him, with the examination of the body, and the observation of the surgeons; and taking both together you will consider whether they do not convince you, that this woman met with her death by the hard usuage, and by the want of food which she experienced at the time; upon this you are to judge, first, whether she met with her death from the want of necessary food, which she ought to have received; the next consideration is, whether that man, who is her husband, in whose care and custody this woman was, whether it was not his duty to have supported her, by giving her that food which nature required. Gentlemen, this case which I have opened, I am sure you all shudder at; but at the same time I am sure you will hear it with coolness and impartiality; you will not let the action, cruel as it is, influence your minds against the prisoner; but you will judge on the evidence coolly and dispationately; and if that evidence convinces you that he has been the wicked instrument of depriving that woman of life, it become your duty to pronounce him guilty: if, on the other hand, a doubt should remain on your minds much better, he should be acquitted. Gentlemen, among the rest of the testimony which I have to lay before you, is the testimony of one, which I feel it my duty to state to you, though I state it with reluctance. I have among the list of my witnesses, a daughter of this man, who was the daughter of the deceased; and perhaps I shall find myself bound to call her before you. It is a painful talk upon me to call a child against a parent; it is what nature shudders at; but in a crime like that, where a man has deprived of life the tenderest and nearest relation, I do not know whether I am justified in keeping back any witness whatever. She is a girl of 12 years old; you will see her, and you will judge; and from you I wish to receive my instructions, whether I ought or ought not to call her; she shall be produced; but I will not stain your minds by opening a single circumstance that that child can prove; if it is to come, I would rather it should come from her mouth than from mine. Gentlemen, I will now call the witnesses; and if the facts are proved clearly, that none of you have a doubt, it will then become your painful duty to pronounce him guilty. If, on the other hand,either my witnesses should fail in proving it or he, by producing witnesses, can prove to your satisfaction that he has not been the instrument of her death, I, for one, shall rejoice in your verdict of acquittal.


I am one of the churchwardens of Mile End, New Town. The prisoner is a stay-maker, and lives in High-street. The first information I received of this very alarming business, was on Wednesday, the 28th of January. I went to the house of the prisoner on that day; I went up the three pair of stairs front garret to view the body; the appearance was the greatest scene of distress I ever saw; I saw the human body on the straw, and a few rags underneath, which were cut from her back all swarming with vermin: the appearance of the sight was extremely shocking; her skin was like a Mulatto; her belly shrunk in, her ribs started. I have done every thing in my power to bring the offender to justice.

Court. This was a three pair of stairs room? - A three pair of stairs front garret.

Was it dry and wholesome? - Yes, it was dry, seemingly; there was no appearance of water; I only saw her in the front garret, that was dry.

Was there any furniture there? - I did not see any; there was a crutch, and some of her cloaths which had been pulled off.


I know the prisoner very well; I know his wife; she lodged with me two years backs; I went, in November, to carry her a few things, such as tea, sugar, &c. I had heard her husband had fetched her away from where she lodged, in October, and I went to her husband's, William Patmore , in November; when I came there I saw the prisoner, and I asked him to make a pair of stays for my little girl; and I asked him about his wife, the deceased: he said nobody should see her; he told me he would tell me the situation she was in; that she was in a back garret; that he had sent her up a mat, and a piece of wood for her head, and potatoes and rinds of bacon; that was what he had fed her on, and what he should keep her on; and that when she was dead he should sell her body to the surgeons. He would not let me see her at that time; that was the first time I went; I can't recollect the time. She had been at home then three weeks. I am almost sure it was in November. In a fortnight afterwards I went to the prisoner's house again, the second time of my going, when I got to see her; it was a great while before Mr. Patmore consented to my going up to her; at last he did, but he sent this Rachel Walters with me. She was in a back garret.

Did the prisoner live in the house himself? - Yes, Sir; below stairs. This Rachel Walters passed for his wife, and he used to call her his wife. I went up stairs, I found her (the deceased) in a back garret: directly that I entered the room, there she sat on a mat, on the ground, fronting the door, and as soon as she see me she bursted into tears; the first word the deceased said, was, - I'm very hungry, the child gnaws me. I pulled out a piece of roast mutton that I had got in one pocket, and some bread out of the other, which I gave to her, and she eat it very ravenous. This Rachel Walters was with me at the time; she begged of me to go to persuade her husband to let her go to the parish. I came down and talked to the prisoner. I said, you had better let her go to the parish, or to the hospital, or somewhere, than let her be in that situation. He said, she should go to no parish; he said it was his pleasure to keep her so, and he would; and he said, he would not lay out sixpence on her. I begged, and said a great deal to him to let her go. I went again; I believe then she had been ten or eleven weeks in that situation; this was the third time; I think I can recollect the time, for William Patmore came to me on the 10th, and I

was there the Sunday before; and he gave me a receipt for 18 s. it is dated on the 10th of January. I was at his house on the Sunday before; he dated it for Saturday, saying it would not stand good on Sunday. When I was there, I asked him if he would let me go up, and let her write to a gentleman she knew, one Mr. Austens, and I would try to get her two or three guineas, to get her into the hospital or workhouse: I made that an excuse to go up stairs; and after that, with a long persuasion, he let me go up stairs. He did not know I had any thing in my pocket. I found her in the same back garret, and it was very wet then, but I did not see any wet the other time. The first word she said then, she told me she was very dry; then I gave her a bottle of beer that I had under my arm; and I opened a handkerchief full of victuals; and I told her to keep her spirits up, and I would try to get her out of that situation. I had apples, and onions, and bread and cheese in my handkerchief; she was very fond of onions and bread and cheese; I had halt a quartern loaf, and in my pocket I had some beef steak pudding, which I gave her. She was sitting on the mat; there was no bed, nor do I know that there was any fire-place; she had nothing but the mat, and a piece of wood to put under her head: there was no chair, nor stool, nor nothing. Then I came down stairs, and found he was blowing the fire, to make a good fire against I came down. I told him it was a shocking thing for her to be in that situation, and she had better go to the parish. Rachel Walters would not give me leave to speak till she had told him I had given her a good deal of victuals; and he flew into a passion, and said, if he had known, I should not have gone up stairs: he said I should never see her any more, come when I would. I said I should tell the parish officers; and he said no parish officers should come there. I have told you the heads of it. He said she should not go, she should stay there, and I should never see her any more.

Prisoner. May I be permitted to ask the gentlewoman a question. The first time you came to my house, Mrs. Butter, did not you come rather forward in liquor, or apparently very full of talk, and abusive; and did not you send my little girl out for a quartern of rum, and go up stairs and give that woman some rum; and did not I say we were not used to such liquors in our house, we cannot afford it. The first time she came to my house, I believe, to the best of my knowledge, was on a Sunday evening? - It was the middle of the week; he was at his stay work.

Did not you send for a quartern of rum to treat she and yourself? - I sent for a quartern of rum, and desired Mr. Patmore to let her have half a glass; and he said she should have no such indulgence; I paid sixpence for it; I sent for it really and solely for this poor creature to have half a glass of it; I did not send for it for myself.

Court. Had she half a glass of it? - Yes, she had, I know she had.

Prisoner. Did not you give it to her yourself? - No, you would not suffer me to go up.

Court. Then how do you know she had it? - He said he would send her up half a glass; and I said directly, I am an unbelieving Jew; unless you let me take it up myself, I shall not believe she has it; and my child, a little girl of eleven years old, carried it up.

Prisoner. Did I ever refuse your going up stairs to see her till the last time, on account of disturbance; and did not I tell you she had plenty of victuals, more than you had? - No, you said potatoes and rinds of bacon, and that was sufficient.

Court. Did he say she had plenty of food? - Yes, he said she had plenty; and what was she more than a felon?

Prisoner. Did not the deceased say that she was particularly fond of rinds of bacon, being with child? - She has dined with me several times, and I never heard her mention such a word.

Did she say so then? - No.

Did she say so at any time? - I never heard her mention it.

Did not she say that she could eat half a dozen herrings at a meal, if she could get them, with a sufficiency of potatoes: when you asked her what she had had for her dinner, and she said tatoes, and you said, poor creature, had you nothing else; says she, a red herring; and did not she say to you, poor souls, they cannot afford to give me more? - She said no such thing.

Court. I wish you to recollect, as accurately as you can, when the first time was that you saw the deceased? - I cannot tell; but I am sure, by this receipt, the last time was the 4th of January.

Was she at that time with child, or brought to bed? - She was with child both times.

Was she brought to bed on the 4th of January? - No.

The first time you saw her, in what condition did you find her, as to bodily strength and infirmities? - She seemed very weak and low.

Was she able to walk? - No; she was not able to stand.

I am speaking of the first time that you went up to her? - She was on the ground.

Did she attempt to stand? - No. She told me how her legs were swelled; I saw her legs, and her knee.

You never saw her after she was brought to-bed? - No.

How long have you known the prisoner? - Only the beginning of last summer some time.

Do you happen to know how long he has lived there? - No.

When did you first happen to know the wife? - I believe about three years ago; she came to me to take a room; I then lived in Coleman Street parish, in a place called Floyd's yard, London Wall; I had a lower room to let; there was a bill up.

What did she come for? - She took the lower room for a school.

Did she come and live there? - Yes.

How long did she live there? - I can't tell rightly; she paid the rent weekly.

Cannot you tell whether a week, or a month, or one year, or two years? - No, Sir; it was not two years; it was not above one year, if it was that.

What rent did you let the room at? - Two shillings a week.

Did she pay the rent? - She went away in my debt, but she worked it out afterwards by plain work.

Did she keep a school? - She had but two or three scholars, there were so many school about.

Did her husband ever come there? - No, Sir; I never saw him till last summer.

What name did she go by? - Patmore; I never knew her by any other.

Then you did not know that she had a husband till last summer? - Yes, Sir, I heard so.

You do not know when they came together again? - I do not know any further, than I saw him last summer.

Did the prisoner, in any of these conversations that you had with him, make any complaint about his wife? - I never heard him make any.

Did you know, by any means, how long she had been absent from her husband? - I cannot say; only her father and mother they came to and fro' and were there every day.

You say the conversation about potatoes was the first time you went? - Yes.

You did not see the woman then? - No.

You say now, that the conversation passed about the bacon and potatoes before you had seen the woman? - Yes.

In your deposition, you say,

"this deponent hearing that she was there unwell, went for the purpose of seeng her, and did see her in a back garret; and that he gave her rinds of bacon and rotten potatoes." And then you say, that you spoke to him about it, and he said he would keep her in that manner as long as she lived; so that the conversation about bacon and potatoes happened at the time when you saw her.

Now, when you saw her, did you think her in a dangerous state? - I thought she was starving, she looked so.

Then, did you or not give any information to the parish officers? - I went to the next door, and to a chandler's shop opposite; I told the neighbours; I did not understand about going to the parish officers.

Did you understand what time the prisoner and the deceased had lived separate from each other? - I did not.

How came you first of all to go to this house? - I went to where she had lodged last; she went from me to be with her father and mother, because the school did not answer, and staid there till her mother died. Her husband did not live with her then. After that she came to my house to know if I had ever a room, and for me to tell her what to do for the best. She was in a deal of trouble; her mother was just dead, and she wanted to move; and I got her a lodging at the next door to me; it was only a shilling a week; her husband came to and fro' the last summer; that was the way I knew him.

How long did she live there? - I do not know.

Where did she go to from that place? - The prisoner fetched her away in a hackney coach, as I was told; I did not see him.

Did you ever hear the prisoner say whether he fetched her away or not? - I cannot say; the prisoner was at my house the beginning of last summer, that was the first time that ever I saw him; I cannot recollect the month; I first saw the prisoner at my own door, he was enquiring after the deceased; he had his daughter with him.

How old was that daughter? - I have heard her mother say she was thirteen years old, when she was living; I believe she is near fourteen.

Then, at that time when you saw the prisoner enquiring for her, he did not know where she was? - No, I believe not; he was enquiring after her.

Did you tell him where she lodged? - He had been at my house, and the next house, where she lodged, but she was not at home; I did not know who he was.

What name did he enquire for? - He enquired for one Harwood; he described her, and I said there was a person that went by the name of Patmore. He asked me if I knew where she was gone.

Was you present at any time when the prisoner and the deceased met together? - Yes; I was there one day when they were at dinner, in her apartment, at the next door; they had buttock of beef for dinner. I never saw him but once at her lodging, but I have seen him down in the yard, I believe, three or four times; three times I am sure.

How long was you there at the time when they were at dinner? - I dare say I staid three quarters of an hour; I sat down, and talked.

During the time you sat there, did any conversation pass between them importing that he was her husband? - I did not know who he was; he passed for her brother; they were talking about the country.

How came you to make any application to the prisoner? - I heard, Sir, the situation she was in.

When you did make applications to him, what were they? - Only begging him to let her go to the parish, or hospital.

Did you make your applications to him as the husband of the deceased? - Yes; I knew then that he was her husband.

What did you say to him? - I said, you had better let Mrs. Patmore, your wife, go away.

Did you say, you had better let her, or Mrs. Patmore? - I never called her any thing but Mrs. Patmore. She never owned to any thing but Patmore. I always called her to him by the name of Patmore.

What was his answer? - He always said that she should be there, in that situation, as long as she lived.


I was a lodger to Mr. Patmore. I went to lodge there about the latter end of last

November, on a Saturday, but the day of the month I can't recollect. I lodged there about five weeks, and I never knew there was any body in the house but my family, Mr. Patmore, and a woman, ( Rachel Walters ) which is the second wife. I have five children. Their family consisted of Mr. Patmore, a woman, and the deceased's child, who was between thirteen and fourteen years of age. About four or five weeks after I had been there, the daughter of Mr. Patmore and Rachel Walters was going out; the daughter came up and said to me - she said - will you be so good as to let us in when we come back; our door is not fit to be left; it is not safe. I said I would. At the same time my husband was bad; I was very ill myself. I went to bed, and desired my husband to let them in. They knocked at the door between light and dark; I said to my husband, there is somebody at the door; he went down and let them in; and when he came up again, I heard something moan twice. This was five weeks after I went there. We heard her once more, and I said to my husband, I hear something moan. He shut the door, and came to bed, for we had very little candle or coals, and were much distressed. I went up into the garret about two or three days after, to see a place that wanted mending; my husband is a plaisterer. I heard the moaning. I see the back garret a-jar, and I looks, and I saw the deceased sit up in a corner, upon a mat; she had got the hood of an old red cloak over her head, and she sat wrapped up in it; and as she sat, she see, sawed. Mrs. Walters says, How are you: she says, It's cold: and then she (Mrs. Walters) said to her, I'm going to get your dinner directly; and down stairs we went; and I saw no more of her till after she was dead. I did not go up any more; I had no time; my husband being so bad, and the children so heavy upon me.

Prisoner. Did not your children go up to see her when they pleased? - Yes, a child of nine or ten years of age has been up; and another of seven went up three or four times with Mrs. Walters.

Did not a girl of fifteen go up? - Yes, at the time your wife's cloaths were cut off Judy went up.

Court. You say you have a child fifteen or sixteen years old that went up on the Sunday with the prisoner? - Yes.

Had she ever gone up by herself? - Not to my knowledge.

Did the other children ever go up by themselves before she died? - Not to my knowledge.

Do you know, in point of fact, whether there was, from time to time, victuals carried up by Mrs. Walters, or any body else, and whom? - I have sworn to it. I have seen it go up many a time; potatoes, I have seen plenty of potatoes, about a pound, or a pound and a half, when boiled, and a red herring, several times.

Can you tell who carried them? - I have seen Rachel Walters carry it, and I have seen the daughter likewise.

Living in the same house, can you inform the court whether her meals were regularly carried up to her? - I did not always see them go regular; but I could hear a step go past my door; what I did not see, oftentimes my children have come in and told me.

Do you recollect when it was she lay in? - I think it was, to the best of my knowledge, the 3d of January, the Saturday after New Year's Day.

Are you pretty positive as to that? - Yes, I do think I could swear to it.

Do you recollect the circumstance of her lying-in? - I was there at the time when she was brought to bed. I was there about one at noon.

You knew she was with child at the time? - Only by hearsay.

Were there any provisions, such as candle, or any thing of that sort, made for her before, or at the time when she was brought to bed? - When I came in, about one the same day, she was brought to bed. Mr. Patmore opened his room door at the same time that I opened the street door:

neighbour, says he, I have got a young bantling. Have you, says I, I went in to see the child, and I asked to look at it; when I went in it was laid on the girl's feather-bed, below stairs, and covered over; it was brought down stairs to be dressed; I looked at the child, and said, it is a pretty baby; poor thing, it was a pretty featured child. I looked at it, and saw a blanket hang at the chimney line, a roller, and a cap: and Rachel Walters said, I have never a shirt to put the child on; but she said Mr. Patmore was going to buy a shirt for the child, and a covering to put on the deceased. I said I would lend her a shirt; I went up stairs, and brought one down, and a girl's cap. Mr. Patmore came in at the same time, with a quilt and a child's shirt; and she wanted to give me my shirt again; but I told her no, it would want another. I never saw the child any more till the Sunday morning.

Was this child a full grown child? - No, it was a small child.

Was it at its full time? - I do think it was; it looked likely to live.

Was there any provision, or proper preparation made for her, at the same time, that she was to take, proper for persons in her condition? - I smelt the spice boiling, and I saw the saucepan on the fire; it appeared to me to be caudle. I only smelt spice, but I saw no liquors.

Did you at any time smell the smell of caudle? - No, I cannot say I ever did after that time.

How long did you happen to know the deceased before you went to live there? - I never saw her in my life, nor Mr. Patmore but once, before I went to live there.

Do you happen to know in what way he lived? - I knew he was a staymaker; but my family was too large for me to be in his room.

Was the sort of food that went up to the deceased, the sort of food that the prisoner had at his table? - I do not know what sort of food the prisoner had at his table.

Prisoner. You remember the size of my poor child's bed; the bed laid on the lid of a sea chest, very small, no larger than a bolster? - It was a child's bed, on a chest, no bigger than this board is; there was no bedstead.

Mr. Peat, prisoner's counsel. My lord, I have this moment received my brief. You was a lodger in the same house with the prisoner? - Yes, in the one pair, over his head.

Was he in the habit of calling this woman his wife; or did he say, the woman, and the woman? - He used to say, her.

Did he say, my wife? - No, Sir.

Who was this large girl by; by this woman, or some other? - By the deceased, I understood.

Did the prisoner and his supposed wife live in the same room together? - Yes, they did.

Did it happen to you to hear their conversation at any time? - Very seldom.

Do you recollect at any time the deceased sending the child for provisions to her husband? - No; I have seen her carry it up stairs.

How long was that before her death? - Several times.

Was you called in to her assistance? - No.

Do you know whether she refused her provisions through illness? - That I cannot say.

Did you ever observe any ill treatment from the prisoner to any person, or cruelty, or ill-humour? - No, I never did.

Did he conduct himself in a good-humoured quiet manner? - It was a very quiet house, while I was in it, till this affair.

You never heard any noises, or murmurs, or complaints, when you was out of the room? - No, never.

Never heard the deceased complain in any mode? - No.

Or any thing that indicated immediate distress, or ill treatment from any person? - No, Sir, never.


I live in High Street, Mile End, New Town, No. 10, opposite where the prisoner

lived. I go out a nursing. The prisoner came to my house about 11 o'clock, in the day time of the third of January; he told me Mrs. Haynsworth told him to come over to me, and desired me to come. Mrs. Haynsworth lives next door to him, and sells milk. He said there was a poor creature in great extremity, and great distress, in the back room; he said she had had goods, but she was obliged to part with them to pay her rent; he had gave her house-room to shelter her from the weather; and he was come into a great deal of trouble. I asked him why he did not put her into the workhouse; he said the parish officers would have nothing to do with her; because he took her in, they would oblige him to take care of her. He asked me if I would be so good as to go over; I said I would, and I went with him to his house. He told me to go up stairs, his wife was above. I went up two pair of stairs; I met Mrs. Haynsworth coming down. She said, neighbour Taylor, I am glad you are come, for I never saw such a scene in my life. When I got up the third pair of stairs, Rachel Walters was standing in the back garret, and the deceased was lying down. I said the room was very wet; and she signified it was water; but the room was very wet all over. Rachel said the deceased was in labour. I asked her if she had sent for the midwife; she said no, they did not know where one lived. I told her where one lived, and then the deceased spoke; she said there was no cause for a midwife, the child was in the world, if I would be so good as to take it. I told her I would, but I had much rather they would have somebody else, and to send for a midwife. I told them if I did take it, I must have something to wrop it up in. Rachel called down to the prisoner to bring up a coarse apron and a needle full of thread. I parted the child, and wropt it up in the coarse apron, and gave it to Rachel. The deceased told me all was ready for me. I said that she ought to have something warm, for the place was so wet it was enough to perish her, and if she had a little dry straw under her, it would be better than lying so. Rachel told her she should have something warm as fast as possible. We came down stairs, and the prisoner was standing there in the entry; and Rachel says, Patmore, step one side a minute; which he did; then he came into the front room below stairs, and told me if I had a mind to see her (the deceased's) husband, I might; he lived in Church Row, Aldgate; his name was Hayward, or Harewood, an ivory-turner; but, he says, I am the first. Why, says I, if her husband lives in Church Row, and you are the first - I thought this had been your wife? So she is, says he; so Rachel replies, so I am his wife, and she had been married to him eleven years last October, she told me. I told him I thought it was a comical sort of mess of marrying; but nevertheless the woman above must have something to cover her. There was a pot of beer standing on the table, and some oatmeal, and some spice; I put some on, and boiled some caudle, about a pint, and I put some gin in it, and I would have carried it up, but Rachel would not let me; she sent the daughter. The girl came down, and said the deceased wanted a piece of bread toasted. I toasted a piece, and the girl took that up. The prisoner went out, and when he came back he brought in an old quilt and a truss of straw; be carried it up stairs into the front garret; he came down stairs again, and said he had made her up a very good bed; I told him I could not move her myself, and he helped me to move her out of the back garret into the fore garret, and when we laid her down there, I asked her how she did, she said she was pure comfortable, and thanked me for making the caudle; I asked her if she drank it, she told me she did; the prisoner said to her, you shall want for nothing till your month is up; if you do not go from me then, I will put you to Bridewell; she asked him to shake hands and to forgive her; he told her he would not touch such a wretch as she was, for she had been his utter destruction; she replied to him again, you havecommitted faults as well as I have committed faults; the deceased told him that he had been married to this Rachel so long.

How long? - Eleven years; and he told her she had been married to Hayward, I think Harewood, but I am not certain which, longer than he had been to Rachel; that discourse passed several times over and over; so interfering, with that, I asked her whose child that was; then she pointed to the prisoner, and said it was his; he said it was not; she said it was; so then, says he, I suppose it is the paper bag man's; I must go and get a paper bag to put it in; then she made no more reply at all, and we came down stairs; then, when we came down stairs, both Rachel and he said she should want for nothing, and said she should have every thing that was necessary as fast as they could get it; then I dressed the child: he brought in three quarters of flannel, which he brought in for a blanket, a shirt, cap and roller; they then said she should want for nothing till her month was up, when, he said, he would put her to Bridewell; he should insist on doing it then. Then I went over to a neighbour's house to inform them of the situation she was in.

Mr. Silvester. Describe the garret you found her in? - It was very wet; there was neither bed, bedstead, chair, stool, or any thing in it; she was laying on two garden mats. I saw one, they said there were two: she had an old black crape gown, an old petticoat, and a piece of an old light-coloured cloak, a smallish cloak, a piece of sacking about three quarters of a yard long, or a yard at furthest; there were a few bits of nasty dirty rags; the child was nearly at its full time, it was a small child, it had its nails, its hair on its head, and every thing proportionable.

Was there any thing particular in the child that struck you at the time? - No.

Mr. Peatt. Was that the first time you ever saw the deceased? - No.

Then you do not know how long she had been in the garret? - No; he signified to me, it was a person he had sheltered from the weather for a night or two.

What was in the front garret? - Nothing at all, only some broken cieling laying on the floor.

Then you do not know how she had been lodged before that moment that you saw her? - No, I do not.

In the course of the altercation between the deceased and the prisoner, he said repeatedly that she was married to this Hayward? - Yes.

She did not deny it? - No, nor she did not deny it any further than telling him he was married first.

Did she complain of any ill-treatment in your presence? - She did not, for I never was alone by myself; they would not let me go up by myself.

Was the bed as comfortable as it could be made of such materials? - Yes.

Did the woman appear totally strong for a woman in her condition? - She spoke very hearty, considering how she had lain in the wet.

But you do not know how long she had been in that room? - I do not.

Court. When did you see this woman afterwards? - I never saw her afterwards; I went over on the Sunday morning, she was brought to bed on the Saturday; I went over the Sunday, which was the 4th, about 11; I saw Rachel standing at the door; I did not see the prisoner.

How long did the deceased live afterwards? - She lived to the 25th of January; I never was at the house at all till she was dead, because I was called out on Tuesday, to nurse a woman.

Then you know nothing of the care that was taken of her between the 3d and 25th? - No, I did not see her; I was not there.

You tell us there was a considerable number of words between the deceased and this woman, saying that the prisoner had been married to Rachel Walters eleven years; likewise saying, as I understood

you, that she and the prisoner had been married together; did the prisoner deny that? - No, he did not.

Then the prisoner did not deny his having been married to the deceased; if I understand you right the prisoner taxed her with having been married to a man of the name of Harwood, or Haywood; did she admit that, or deny it? - She replied that the prisoner was married to Rachel before she was married to Harwood.

Did it appear to you when she was married to Harwood? - In the month of June.

What year? - Why take eleven from - 1789, the wife was married in June to Harwood, and the prisoner in October to Rachel.

Now from their conversation, did it at all appear where the deceased had lived? - By what passed between them, it appeared, that she had lived along with Harwood, and had had eleven children by him.

How long was this conversation? - It might be the space of a quarter of an hour, for it was spoke as fast as I could speak.

Now then will you recollect, whether it appeared how lately the deceased had lived with Harwood? - She had been away from him about two years, as they said in their discourse; I know no further; and that that Harwood was married to another woman.

Had the prisoner passed for the husband of this Rachel Walters for any time? - She went by the name of Patmore, as she told me; Rachel Walters said her name was Rachel Patmore .

Mr. Peatt. You observed that the prisoner acknowledged he was married, in consequence of some question that was put to him by the deceased? - Yes.

Did you understand it so, or whether the man said in express words, that he was married to the deceased? - No, it was not in express words.

Did he say the word married? - Yes, he did, he said, you was married to the ivory turner, to Harwood first; no, says the deceased.

Did he in your presence, at any time, use the words married, as applied to the deceased and himself? - Yes, he did to Rachel.

Did he use the word married, as applied to the deceased? - What, to the deceased.

Aye, to the deceased? - Yes, he said he was married to the deceased.

How did he express himself? - He told her, says he, we were married when you was quite young, to the deceased.


I took a room of the prisoner on the 3d of January; I had only been a fortnight in the house when the deceased died; the 3d was the Saturday, the day she was brought to bed, and I went there in the evening; I was there till the day she died, which was on the Saturday night or Sunday morning, about half past two; I saw the baby alive the morning I went there: after I had been there twelve or thirteen days, on a Wednesday night, I heard a very sad groaning all night, it proceeded from out of the back garret, my room was underneath; in the morning I went down and complained to Mr. Patmore, and said what a sad groaning there had been all night, that I could get no rest; and he said that it was a vagrant person whom he had taken out of the street, and she did it to affront his lodgers, and he said he would go up and make her quiet; I heard him go up, but the conversation he had with her I did not hear, but I heard him say, coming down stairs, be easy and be quiet: on the next day I went up to the deceased, she was in the front garret upon some straw, and the room very full of water, she had an old bit of a quilt over her; and the deceased said she was sure she was a dying, and she said all she craved for in this world was a little bread and water boiled thin; she said it was very hard they would not let her have plenty of water; and Rachel Walters made answer, and said,

water was very scarce, and the deceased said, you may easily get as much as I shall drink; I came down stairs, I went to my business, I cannot recollect when I saw the prisoner again; I saw him the night she died.

Did you see him before she died? - Upon my word I cannot recollect.

Had you any conversation with the prisoner at any time previous to her death? - No.

Had you any conversation with him after her death? - No more than he said he was glad she was dead; that was on the Sunday morning after she died; on the Saturday night I went up to my room, and I heard a sad groaning, dismal for any body to hear, and I went to see her as she was dying, and she seemed to lay in great extremity, and had each hand up to the side of her hair fighting with death: I told Patmore, the prisoner, it was very proper somebody should pray by her; he said she is past hearing or feeling, and praying; I offered to go and read prayers by her, he said it was of no signification, and he went down stairs; she died on that night; I heard him and Rachel go up again, and they came down together very shortly. In an hour after that I heard him come up to my door, but he did not go up to her any more; the deceased ceased groaning about half past two on Sunday morning, at which time we supposed she had died, she was by herself; and the body remained there till Wednesday, when in the morning, as I was going to work, I asked him if he was going to bury the poor woman; he said, neighbour, I shall get shut of her to day; he said he had got two fellows that would do any thing for a trifle of money; that he was going to give each of them a shilling a piece, and three quarterns of gin, to take her body away in a sack, and throw her in the Thames at night, or any where, so long as he got shut of her out of his house; and I made answer and said, this poor woman never will go into a sack; and I dont know what answer he made me; I then went about my business.

Prisoner. I never changed three words with you in my life? - It is a great falsity.

Prisoner. Did not I say that I would sell my own bed, or least ways Rachel's bed, to get a coffin for her, to get her buried? - I never heard any such words mentioned, he never talked about a coffin; he talked of making away with her otherwise, but the surgeons would not have her.

Prisoner. Are you that man's wife that lodged in my back chamber on the second floor? - Yes.

Did not your husband say that there was always a sufficiency of victuals? - I did not mind any thing about it.

Did not you go up stairs with me, and I said, the Lord have mercy upon you, the Lord have mercy upon you, says I, Mary, do you know me? - I did not go up with you.

Mr. Peatt. It was on the Sunday morning, I think, you say that you heard groans? - About half after two she ceased groaning.

There were other persons in the house? - Yes.

How many hours was it before you heard the groaning that you saw the deceased? - I had not seen her from the Thursday till the Saturday night that she died, I saw her on Saturday night between ten and eleven.

Did she complain on the Thursday for the want of any kind of food? - Not when I was by.

Did she charge any body with neglect or cruelty? - No Sir, not when I was present, she did not mention a word about it.

Did she on Saturday complain of any species of cruelty? - She was speechless then.

Did you at any time hear any thing like violence in the room where she lay? - I was only at home in the evening.

Did you observe any thing in the prisoner's behaviour to her that was cruel or unmanly? - I heard the prisoner speak

monsterously against her, but I did not perceive any thing in his behaviour.

Court. You took your lodging of the prisoner? - Yes.

Was it a ready furnished lodging? - No Sir, an empty room at a shilling a week.

Mr. Silvester. Now, my Lord, I purpose calling this young woman, Mary Patmore .

Court. She is a competent witness, if you in point of discretion and delicacy think proper to call her.


How old are you, my little woman? - I am thirteen, the 7th of last October.

Where have you lived, my dear? - Along with my father, for about three years.

Have you ever been at school? - Yes.

Can you say your Catechism? - Yes.

The Lord's prayer? - Yes.

Do you know what you are brought here for? - Yes.

For what? - To speak the truth.

Truth about what.

Mr. Peatt. My lord, I cannot object to this witness's competency, but it seems a very unfit thing to examine her.

Court. Let the council for the prosecution exercise his own discretion; she is competent, certainly:

Mr. Silvester. What are you to speak the truth about (after a long pause and the question several times repeated). My dear, you know you are upon your oath? - Yes.

What is the meaning of taking an oath, for what purpose are you sworn? - No answer.

Do you know the nature of an oath my dear? - Yes.

What is the nature of it? - That I should speak the truth.

Do you know that you will be punished, not only in the next world but in this, if you speak any thing else but the truth? - Yes.

Do you know that man at the bar? - Yes.

Is he any relation of yours? - Yes.

What relation? - My father.

How long have you lived with him? - About three years.

How many were there of you in family? - Three.

Who were they? - Rachel Walters , my father, and me.

Where did your mother live? - At London Wall.

Do you know when she left London Wall? - About the latter end of October.

Where did she go to then? - To my father's.

Were you at home then? - Yes.

What manner did she come in? - In a coach.

Where did she go to then? - Into the back garret.

Did she go herself? - No, my father and the coachman carried her up.

Had she any table, or chairs, or bed in that back garret? - There was one chair when she first came.

Was there any bed? - No bed.

What did she lay upon? - Upon two gardner's mats.

How long did she continue there? - Till she was brought to bed.

Was she ever out of that garret? - Not till she was brought to bed.

Could she walk about? - No, she could not walk at all.

How was she fed there? - She had potatoes, for dinner, and rinds of bacon.

Was this every day? - She had it every day for a long while.

Who carried it to her? - I carried it to her myself.

Was you alone when you carried it to her? - Yes.

Had she any thing else but potatoes and rinds of bacon? - A bit of bread.

What had she to drink? - Nothing but water.

After she was brought to bed, where was she moved to? - Into the front garret.

Had she any bed there? - No, but she had some straw.

What was she covered with? - An old quilt.

How was she fed there? - She was fed as she was before, only she had herrings.

How many herrings at a time? - One.

What kind of herrings? - Red herrings.

Had she nothing else from the time she was carried into the front garret till she died? - Nothing else but some mutton, the Sunday and Monday after she was brought to bed.

Did you ever tell your father the situation of the deceased? - No, because he knew it.

Did he ever say any thing about it? - No.

Did he go up stairs to see her sometimes? - He went sometimes.

Did you ever go with him? - No.

Could she have got out of the room at any time? - No, she could neither stand or walk.

How do you know that? - She said so.

Did your mother ever say any thing to you? - No, she never said much to me.

Did you often go up yourself to her? - In the morning, at dinner, and tea time. I went always by myself every day.

What did you carry her in the morning? - A bason of tea, and a bit of bread and butter.

Did you do that daily? - Yes.

How large a bit of bread and butter? - A little thin bit along the loaf, sometimes larger and sometimes less.

Did you take this bread and butter in the morning, after she was brought to bed? - Yes.

Did you continue it from the time she was brought to bed, till the time she died? - Yes, until she could not eat any more.

Now, every day at dinner, what did you carry her? - A red herring and potatoes, sometimes no red herring.

How much potatoes? - Some in a plate, I do not know how much.

Do you know how many potatoes? - No, I do not.

Now, at tea time, what did you carry her? - Bread and butter, and a bason of tea.

How much bread and butter? - A little thin bit along the loaf, the same as in the morning, sometimes larger, and sometimes less.

How thin do you mean, or how thick; was it as thick as this (Holding up the cover of a book)? - I cannot tell exactly.

Was there never more than one bit? - No.

What sized loaf was it? - A quartern loaf.

Was it new bread or stale bread? - Sometimes stale bread, and sometimes new, the same as we had ourselves.

Was it a slice all round the loaf? - Half round the loaf.

What had you for dinner generally? - Sometimes pork, sometimes other meat, and sometimes red herrings and potatoes ourselves.

Had you generally meat for dinner? - We generally had meat for dinner.

Did you ever carry her up any? - No.

What had you for breakfast? - Toast, or bread and butter.

Did you carry her up as much as you eat yourself? - No.

Did you ever carry any toast? - No.

What had you at tea? - The same.

Did you ever carry up more than one piece of bread and butter? - No, not unless it happened to be at the bottom of the loaf; when there was but a little bit of the bottom of the loaf, sometimes a little bit was laid upon it.

What kind of potatoes had you for dinner, the same as you carried up stairs? - They all came out of the same; but if there were any rotten ones, they were picked out for the deceased.

How did your father behave to you? - He behaved very well to me.

(Cross examined by Mr. Peatt.)

Did you carry up the meat yourself, the day and the next day after the deceased was brought to bed? - I carried it up one day, and Rachel Walters the other day.

Did she ask for any more the day you carried it up? - No.

Did she ask for any more, at the time you carried up the bread and butter and tea? - Yes.

Court. What did you do, when the deceased asked for more bread and butter? - I told my father of it.

What did your father say? - Sometimes he said she should not have any more; at other times, he could not afford it.

How long ago do you remember your mother? - Ever since I could remember; I do not know how long.

Who did you live with, before the last three years that you came to live with your father? - My grandfather and grandmother.

Did you know where your mother lived? - Sometimes in Moorfieds, and at last in Church-row; she lived in several places.

Did you, from time to time, know and see your mother; from the time of your leaving your grandfather's house, till the time that your mother returned to your father? - I saw her once when I first came to London; I went along with her father.

When was that? - A quarter of a year before my father went to live in High-street.

Where did your father live, when your mother came home? - In High-street.

How long ago is that from this time? - Half a year ago, last Christmas.

Do you know of your fathers having seen your mother any time before, and how long before? - About a month before that.

Do you know where? - In Floyd's-yard, London-wall.

Do you remember your father living with your mother, during the last ten or twelve years? - No, he never did, since I can remember.

Do you know whether your father ever saw your mother at any time, before the time you have mentioned? - He has seen her before, but I do not know what time, or any thing about it; he never has seen her, other than when he has seen her in the garret.


Mr. Silvester. I believe, Sir, you are a pupil student with Mr. Young, who is of eminence in the surgery line, in Coleman-street? - Yes. I recollect the prisoner's face, having seen him twice before; I saw him once at Mr. Young's house, and once at his own house.

Do you recollect the day when he first applied to you? - I believe it was on the 29th of January; the day before he was taken up.

For what purpose did you see him? - He came and enquired for Mr. Young, who was not at home; therefore the servant called me to him; he wished to dispose of the dead body of a lodger, who died at his house; he said it was a female; she had been with him eleven or twelve weeks; that he had incurred considerable expence in keeping her all that time: and that now she was dead, and the parish officers had refused to bury her; he thought it but right, that he should get something for her body, as he could not afford to bury her himself: this was about three or four o'clock in the afternoon; I waited to inform Mr. Young, but as he did not come home, I went without his knowledge, about six or seven, and saw the body, but I did not take it. I never saw him before that; that is the only transaction respecting the woman; at the same time, I had another transaction with him; he then told me that the woman had been brought to bed about two weeks; that the child was dead, and he was unable to bury it; and wanted me to take the child: he had previous to this, shewn me a certificate from a searcher, who had searched the body of the woman, but not of the child; he brought the child, for which I paid him four shillings. I saw the corps, but I refused it; it lay on straw, in a very horrid situation; I made no further observation; I immediately came out again.

Prisoner. Every thing is not put into the brief that should have been, because we had not time. Young man, did not I say to you, it was a pity; it could help what the mother had done; and that I would endeavour to keep it longer, and bury it? - No, my friend, you said no such thing to me.

Dr. - DENNISON sworn.

On the 30th I saw the corps; it was in a most wretched condition, as to filth and vermin. I examined it only externally, when I found no marks of violence. A report, I found, had been circulated, that attempts had been made to consume the body by fire. I attended, therefore, particularly to that circumstance, and I am persuaded that no such attempts had been made; for what were supposed to have been the effects of fire, were nothing more than the effects of mortification: the lower extremities, the legs and thighs, were exceedingly swelled; a circumstance which, I believe, may very well be explained, in consequence of her situation as a lying-in woman. The upper part of her body appeared in a very ematiated state, as the face, the arms, and the trunk; that was all I observed.

At that time she was neither opened by you nor Mr. Young, who was with you? - She was not; therefore I only speak of the outward appearance.

Mr. Peatt. Is a slice of bread and butter in the morning and afternoon sufficient food to keep a person alive that is in a weakly state of body? - I cannot answer that question; that depends upon circumstances: it depends, perhaps, on the mode of life the woman had been accustomed to before. If she had been accustomed to live tolerably well before, and had eaten animal food, I should then say it was not.

I do not ask you whether it was sufficient sustenance, but whether it was sufficient to keep any person alive? - In the early stage of her lying-in, what we call the puerperal state, I should esteem it proper.

I do not ask you whether it was proper food for a woman in that condition, but whether the food she did receive was sufficient to keep a person alive? - That depends on the quantity; if the quantity is excessively small, I would then say, it is not.

With the addition of some potatoes, and a herring, sometimes meat, these things taken together, are they not sufficient to keep a subject alive, and free from the effects of hunger and starving? - I should imagine they are.

Court. I think you say you saw this corps just seven days after she had died? - I could not exactly learn when she did die.

Could you, at all, judge, at the distance of five days, whether the deceased died for want of assistance? - If I was to speak from the appearance of the upper part of the body, from the ematiated stare, I might be led to think so; but it would be speaking very uncertainly.

I believe, Sir, you told us there was a mortification? - There was.

Did it appear to you that she might die of that mortification? - I think she might.

What, in your judgment, did you suppose that mortification might proceed from? - From an impoverished state, and the consequence of laying in that sort of condition; that, I think, will sufficiently explain the cause of the mortification.

The swelling of the inferior extremities, that you were speaking of, that is a circumstance that is every now and then found in newly delivered women? - Yes.

But can you decide, from what you saw, any cause of her death? - I cannot.

You would not venture to swear, that she died either from one cause or another? - By no means.


I beg your lordship's patience, while I speak for a few minutes. I dare say your lordship will be very glad to hear any thing that may have a tendency to throw light on this subject.

Court. I shall be very glad, Sir, to hear any thing that tends to explain this matter, because justice is as much due to the publick, that this man, if guilty, should suffer, as that he should be acquitted, if innocent.


My lord, what I have to say relates alone to the appearances after death.

Court. How long, Sir, have you been a surgeon? - I have been of the Company of surgeons near fifteen years, and in the practice of surgery many years more. I saw the dead body at the same time with Dr. Dennison. There were, as he says, no external marks of violence. The upper parts of the body were, as he says also, greatly ematiated; but not more, I believe I can say truly, not so much as I have seen repeatedly in dead bodies, who during life had received every possible mark of attention and kindness; but the mortification of which you have heard was very large and deep.

How deep? - There was a slough, as we call it, at one part, nearly a quarter of an inch thick, and almost to the bone. I will take upon me to say, that what whatever cause produced the mortification, was sufficient, in conjunction with that, as an effect, to have been the immediate cause of her death. I add this, because it has respect to an inference that might have been drawn for the want of stating these facts.

Mr. Silvester. What caused the mortification, I suppose, it is impossible to say? - I cannot take upon me absolutely to say. In all probability, hardships of various kinds, and pressure from hard laying. There is no question but poor living would dispose to it; whether from incapacity by illness, or any other cause, she was prevented from taking the accustomed, or necessary quantity of nourishment; or from refusal of it by those who ought to have administered it. A number of concurring circumstances, producing weakness and bad health, would dispose to it; and pressure from hard laying might immediately produce it.

Court. In what part was the mortification? - On the posteriors. It has been suggested, that the mortification was produced by the application of fire. I did not, at the time I examined the body, suspect this; but I will not take upon me to say that it was not produced by fire.

(Cross Examination.)

Mr. Peatt. Dr. Young, subjects in that state, I believe, generally require less food to sustain life, than those in health? - If that question should be entered into critically, the contrary may also be said to be true.

I do not mean to enter into it critically, I want an affirmative or negative to the question? - Neither a negative nor an affirmative can be given to the question because it is too general.

Well then, Sir, to be more particular, is not a single potatoe administered in twenty four hours sufficient to keep a subject alive for a fortnight? - Scarcely you or me I believe, Sir.

Do you think it would be sufficient if it was two or three? - If you speak of possibility, a person might live, under some circumstances, so long, without any thing; such instances are recorded.

In your judgment, would you pronounce such a subject, fed as I have stated, died for want of food? - I might be of opinion that such an one died for want of sufficient food.

But if we add bread and butter twice a day, and a red herring, and sometimes meat, would you say so? - As far as I can judge, from such a general statement, where precise quantity is not ascertained; but the expressions used, are, a bason of tea, and a slice of bread and butter, in the morning; a plate of potatoes and red herring, or sometimes meat, for dinner; and another bason of tea, and slice of bread and butter, in the afternoon. I should think so long as that was continued there

could not be a just charge of want, that would amount to the idea of starving.

Not an absolute want? - No.

I think you say, Sir, that it is possible for a person to live fourteen or fifteen days, without any food at all? - I did, but think it is requisite they should be well lined.

Aye, aye, aye! I believe there have been instances of persons living for years, upon a single egg a day? - Perhaps there may.


I am a surgeon, I have been in the practice of surgery, twenty years; I opened the deceased's dead body, on Tuesday, the third of February.

What were the appearances, first of all of the stomach? - Nearly empty.

What was in it? - A fluid, which a tea cup might contain.

Did you open the intestines? - I did not.

Did you examine them? - I did.

In what state were they? - They appeared nearly empty.

What conclusion do you draw from the appearance of the body, in the opening of it? - I should not have opened the body, but at the request of the parish officers, for I did not apprehend I could gain any information from that; when I saw the mortification, I was satisfied, in my own mind, that was the cause of her death; there are no symptoms which usually attend in a mortification; but I expected to find the stomach and bowels empty, or nearly so.

From the appearance of the body, and from the evidence you have heard, what do you, as a medical man, say, you believe to be the cause of the death of that poor woman? - The mortification.

Can you tell us what was the cause of that mortification? - An impoverished state of the blood and juices; occasioned by what I cannot pretend to say.

How were the upper parts; the trunk, and arms, and face? - Very much ematiated.

Court. Did you hear what Mr. Young said, with respect to this ematiation, for he said that it was no more than he might possibly have expected to see in bodies that had not been starved; - Certainly, my lord.

Then you concluded nothing from that ematiation? - I did not.

Mr. Peatt. Is not it possible for a person who dies, having had every humane assistance, every indulgence, and article of food and convenience. Is not it possible for them to have the ematiated state you speak of? - It certainly is possible.

Is it not usual? - It is not so probable; I have met with instances of the kind.

Though the body may be ever so clean, it may be ematiated? - Certainly.

Can you say, Sir, by opening a subject a fortnight or three weeks after the death, at all, whether they died for want of food, or no? - I do not pretend to do it.

*** The Remainder of his Trial in the next Part, which will be published in a few Days.

Old Bailey Proceedings advertisements.
25th February 1789
Reference Numbert17890225-1

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PERMANENT INK, For Writings that require BLACKNESS and DURABILITY; made and sold by J. WALMSLAY, No. 35, Chancery Lane.

Old Bailey Proceedings front matter.
25th February 1789
Reference Numbert17890225-1

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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 25th of FEBRUARY, 1789, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.




Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row; and J. BELL, Royal Exchange.



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

The continuation of the Trial of William Patmore .

May not a person be in that impoverished state of the blood, and yet have every necessary of life? - Certainly.

I believe it not only happens so now and then, but very frequently, that persons in affluence, and having every convenience of life, and every species of luxury and affluence, that their blood is in an impoverished state? - I have not often met with it; it has not frequently happened in my practice.

Did you hear the evidence of the child? - I did.

You know the quantity of food she mentioned? - Yes; I should suppose it would rather increase and tend to impoverish, than add, from the quality of it.

The poor man at the bar is not a doctor; would that quantity of food in weight and measure, be sufficient to keep a person alive? - It is opposite to the course of diet I should have recommended.

But was the quantity sufficient in weight and measure? - I wondered, when I heard the stomach was in that weak state, that it should receive it.

Rather than supposing want of food? - Certainly.

Mr. Silvester. From what you have heard of the mode of feeding this poor woman, the manner in which she was attended, and the season of the year, and altogether, was it likely to occasion a mortification? - Most certainly.

Mr. Peatt to Mr. Young Give me leave to ask you the same question, Sir; would that quantity of food in weight and measure, be sufficient to keep a person alive? - If the question is confined simply to the food, no doubt of that, during the time it was given; I speak of the idea of one slice of bread and butter morning and evening, and a plate of potatoes and a red herring in the middle of the day; I collect a general idea of quantity, but I cannot say exactly what that quantity was. According to my idea of the quantity, I should think it competent to support life during the time it was continued.

Mr. Silvester. I have done.

Court. Prisoner at the bar; you have heard the witnesses that have been examined in support of the prosecution; what have you to say in your defence.


This here deceased woman, my lord, laid a matter of eleven days before she was opened; and for all the time almost I had her she had a violent oozing upon her, as she called it, which occasioned a deal of wet to be in the room; and her own child knows the same, and cannot deny it, if you ask the child; and she frequently used to spill her chamber pot about the room, which occasioned so much wet; so that the child was tired of waiting upon her, she said she was so nasty: she said that her father and mother both died of the dropsy; and she looked upon it she should die of the same; and the lodgers of the house said that her legs would burst a day or two after she died, if not before, with the dropsy; and about eight days before she died, she desired nothing but gruels, and no kind of meat. Rachel Walters asked her if she would have some wine in her gruel, and she replied no; she would have it the same as her poor mother had it, with a little salt and butter in it, she could taste nothing else, and her teeth were set for death. Walters said, why do you speak so, your speech is altered. She said, no, my mouth is clammed up; at the same time it was death that took hold of her, I believe; so that she never could eat any more. Then that, and being so long after death. I do not wonder, with that and the oozing I have described, that her body might be empty enough, notwithstanding she had the same food as I; and I being lame with a broken wrist, was not able to afford much; and many times, my child knows it, we have had but two red herrings between us, and two pound of potatoes, and have given her one herring and one pound of potatoes out of it; my child knows it.


I am a journeyman staymaker. I know nothing that relates to the death of Mrs. Patmore.

Was you in the house with the parties; or do you know any thing that passed a month previous to the death of the deceased? - No, I do not.

What is the prisoner's character as to humanity? - I always found him a good kind of a man, as far as I knew of him.

Was he deemed a churlish, ill-natured man? - Never, as I saw.

Did you ever see him in company with women, or with the deceased? - Never, in my life.

Was he esteemed a brutal, ill-tempered man? - Never, to my knowledge.


I once saw the deceased. I knew the prisoner, as a neighbour.

Dow you know any thing of his conduct to the deceased? - No.

What was the man's reputation for humanity? - He bore the character, in the neighbourhood, of a humane man.

Did you see the deceased at all in the course of the last month of her existence? - No.


My husband is a staymaker; I live in the Borough, just by St. George's church. I know the prisoner. The deceased I saw twice as she lay; I believe it might be a month before her death. I dined there, and saw what was sent up to her; that was about a month, as near as I can recollect; we had pickled pork, and turnips and potatoes; and there was a slice of bread, the length of a quartern loaf, cur near an inch thick; it was sent from the table, and there was large plate of pickled pork, potatoes, and turnips sent up, and a slice of bread near an inch thick, the whole length of a quartern loaf. The second day I dined before I went; I cannot tell what was sent then. The prisoner was reckoned, in general, a very humane man. I saw the woman.

Did she complain to you of ill treatment? - No, not at all.

Did she complain for want of food? - No.

Mr. Silvester. Did you go up to see her? - I did; I was desired to go up.

Who desired you to go up? - The second wife desired me. When I came up I found her laying on the ground, with some things under her; I cannot tell no further than this, I saw a piece of matting, but what was a-top of it I know not, for the woman was so lame she could not move.

What month was this in? - In November, or December.

Did Rachel Walters go with you up stairs? - I do not know Walters.

Why the second wife, as you call her? - Oh, yes, she went up stairs with me.

What time of the day was it? - It might be about two.

Was it before, or after dinner? - After dinner.

Who carried up the dinner? - The daughter.

What piece of pork was it? - The belly part of pickled pork; there was a large plateful went up; she was lame at that time, but very hearty seemingly, though so lame she could not move: she said she was with child, but I did not perceive it as she lay; she had a white swelling on her knee. There was more victuals sent up than I could eat; twice as much.

Did not you say to Mr. Patmore, that it was wrong to let a poor woman, who had a white swelling on her knee, lay so hard? - I knew he could not help it; he had never a bed for her.

But she might have gone to the workhouse? - To be sure that would have been the proper place for her; I have said that, and I went to the workhouse to see to get her in, when she was in labour; the prisoner came to me to the Borough, when she was in labour, and desired me to be kind enough to go the parish officers, for them to take her in, to lay in.

What parish officer? - Mile End, New Town.

What influence had you over the parish officers? - I had no influence over them, only to tell them there was a poor woman in labour, and begged them to fetch her. I live by the Swan Inn, in the Borough.

So this man came from Mile End, New Town, to desire them to take his wife in, because she was in labour? - He did.

Why, did not you make an observation, that it was very odd he should come to you into the Borough, when his wife was in labour, when it was much easier for him to have gone himself? - Very true, Sir, so it was. I cannot tell the name of the street where the parish officer lived.

How near to the street where Mr. Patmore lived? - It was in the dark, and it was in bitter frosty weather; but as near as I can guess, it was about a quarter of a mile to the first; but to me it was three or four miles. I have known the prisoner nine or ten years.

Do you know any thing of a lame hand? - Yes, I do; the board slipped as he was at work, and he fell off it, and broke his wrist, or strained it so that he was very bad for a considerable time.

When was this? - [Prisoner. That was five years this winter.] - I remember it exceedingly well; but the term and the time I cannot; but I know it must be years.

Was it within these six months? - Oh dear, no; I dare say five or six years ago.

Has he been able to work within these six months? - Yes, I believe he has.

What did he work at? - At staymaking.

Was he a poor man? - He was a poor man; he was a journeyman to my husband.

Was he very poor? - He was very poor.


The prisoner lived a neighbour to me, about four months; and while he lived and laboured with me, he behaved in a humane manner; there, was a poor man that was very ill, and his goods were seized; he was the one that went along with me gathering for him; we gathered about 17 s. and gave it to his wife; the prisoner behaved in a very friendly humane manner.

Court to Mr. Young. You have heard from one of the witnesses, that has been

examined on the part of the prisoner; that the deceased had a white swelling in her knee; I should be very glad to know from you, as a gentleman of the faculty, what consequence that might have on her frame and habit? - There is no disease, with which the human body can be afflicted, that so much wears out the body, and takes so much time to do it in; the pain the patient suffers, if it is that species of white swelling, which is the painful one, and I believe her's was, for I recollect the knee was swelled; the continuance of pain, exhausts the strength in various ways; first, in itself as pain; we all know, that pain indisposes the stomach for receiving food, and for digesting what it does take; and by depriving the patients of their natural rest, greatly emaciates them, and generally in length of time, if nothing intervenes, proves fatal.

Mr. Young to Jury. You recollect, gentlemen, that the woman was carried up stairs when she was brought in. I perfectly recollect her knee being swelled; I think I can go so far, as to say it was her right knee.

Prisoner. It was the right knee.

Court. I would ask you whether or no, a disorder painful as that is, for of course you must know, might not occasion the groans we have heard mentioned? - Undoubtedly they would.

And it would account for that emaciation, which has been mentioned of in court? - No doubt.

Mr. Peatt. Would not the mere act of laying in one position so long, contribute greatly to produce a mortification? - It often does in itself alone, considering long confinement to a bed, even to a feather bed, is productive of mortification; in this instance, it was sufficiently connected with the idea of that which produced the mortification; that was my evidence.

Prisoner. I offered this Mrs. Riley, 2 s. or a weeks lodging in my second floor, if she would endeavour to procure a letter to get the deceased into the Hospital.

Court to Mrs. Riley. Did the prisoner offer you any thing? - He said if I would get him a letter for the London Infirmary to get her in, he would give me 2 s. for my trouble, and I tried, but could not get a letter; this was about five weeks before she died, for he said he did not know where to get one; he did not know any of the subscribers.

Court to Mrs. Riley. Do you know of any attempt that the prisoner made to get the deceased in the hospital? - Yes, two days I was employed to collect a little money to get linen, and to get her into some Hospital; I was employed by Patmore and Rachel, to gather money to get her linen and clean things, to get her to the Hospital; three days we were collecting money; the two days, I was paid sixpence a day by the prisoner; the last day I was not paid any thing.

Is he a very poor man? - He was then poor to appearance, because trade was dead.

Was he disabled do you know from doing his work? - I do not know.

Prisoner. I was not capable of working as a journeyman, being lame and my sight bad, so that I am obliged to do a little at home as a master.

The learned judge summed up the evidence to the jury, who immediately returned their verdict,


NOT GUILTY on the Coroner's Inquisition.

Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-2
VerdictNot Guilty

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183. THOMAS RYAN was indicted for that he together with Cornelius Carty and Patrick Ephernon , not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 3d of January last, with force and arms, in the parish of Hendon , upon Michael Williams , in the peace of God and our Lord the King, then and

there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said Thomas Ryan , with a certain knife, of the value of 6 d. which he then and there in his right-hand had and held, in and upon the right-side of the head, near the right-eye of the said Michael Williams , did strike, stab, and thrust, giving him, the said Michael, by the said striking, stabbing, and thrusting, as aforesaid, one mortal wound, of the breadth of two inches, and of the depth of three inches, by which he languished till the 6th of January, and languishing did live, on which said 6th of January he died; and so the jurors, upon their oaths, say, that the said Thomas Ryan , together with Cornelius Carty (since executed for this offence) and the said Patrick Ephernon , not yet in custody, him the said Michael Williams, did kill and murder .

He also was charged with the like felony and murder, on the coroners inquest.

The case opened by Mr. Sylvester.

There being no evidence but the defence of the said Cornelius Carty , the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-3
VerdictNot Guilty > no prosecutor

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184. JOHN MURRAY was indicted, for feloniously stealing, on the 8th day of January , a silver watch, value 40 s. a base metal seal, value 6 d. and a brass key, value 1 d. the property of Peter Berry , in the dwelling-house of John Whittington .

Peter Berry called on his recognizance, and not appearing, his recognizance was ordered to be estreated.


I live at Shadwell, I had a warrant to apprehend the prisoner, and I executed it accordingly; I know nothing of the matter.


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

25th February 1789
Reference Numbert17890225-4
VerdictNot Guilty

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185. WILLIAM HUNTER was indicted, for burglariously and feloniously breaking and entering the dwelling-house of Luke Johnson , about the hour of nine in the night on the 13th of February , and burglariously stealing therein, a woollen bed quilt, value 2 s. a linen sheet, value 2 s. a bolster case, value 6 d. a pair of cotton stockings, value 12 d. the property of Elizabeth Rumshaw .


I am a widow , I live in New Gravel-lane , in lodgings, in the house of Luke Johnson , in a single room, by myself, I have been there about two months, on Friday week last; I went out between the hours of seven and eight, I returned about eight; my room is a back room on the ground floor; on my return I saw two men in the yard, one run away over the pales, and the other bid himself behind the window shutter, in the yard; I saw my room window open, which before was nailed down with two nails, there was no fastening to the window shutter; there was a pane of glass had been broke before, and the remainder of the glass, and the nails were taken out; I had nailed it up about two hours before, I always nail it at night, and take the nails out in the morning: on my going into the house, I saw a bundle in the yard, and I called out thieves, some people came to my assistance; the prisoner was taken, and I went and fetched an officer, we secured the prisoner, who was hid behind the shutter; I am sure the prisoner is the man, the bed clothes were taken off the bed, which were, a sheet, a bolster case, a blanket, and a quilt; they were on the bed when I went out, the bed was made; and I missed

a pair of stockings; about two or three hours afterwards I examined the bundle which I picked up in the yard myself, and carried into my room, and in it were the things mentioned in the indictment; the officer took the things under his care, my door when I went out I locked, and I found it the same when I came home, I suppose they must have got over the garden pales; the landlord (Johnson) lives in the house, and I pay my rent to his wife.

( John Johnson called but did not answer.)


I am a constable, the prosecutrix came to me and informed me that she was robbed, it was about eight o'clock when I went with her; Johnson who is not here had the prisoner by the collar, there were some others who were there at the time, I searched the prisoner and found these pair of stockings in his bosom, next to his skin, there was a bundle in the room; it was not delivered to me till a week afterwards, Mrs. Johnson delivered it to me, I have had it ever since, Mrs. Johnson is not here; on his examination before the justice, he said he got over the pales to case himself, the pales are six foot high; he said he found the stockings in the yard, behind the window shutter.

(The property produced and deposed to, the quilt by a burn, and the sheet by a scorch.)

Prosecutrix. I quitted my lodgings the next day, and left the bundle tied up, I have not seen them since, before this time, but I took the bolster and the blanket from the bundle; there were no other lodgers in the house but myself.

Court. Is there any separate door by which you entered besides Johnson's door? - Nobody had any business to enter through my door, the door of my lodging opened into the yard.


I went over into the yard to ease myself, I knew there was a necessary, I saw a man in a long coat in the yard, I did not know what he was about; Mrs. Rumshaw came in and another man with her, and the man that was in the yard jumped over the pales, she asked me what I wanted, I said to ease myself, she saw a bundle, and she took it into the house; a deal of people came, and I was taken before the justice.

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


Tried by the first Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-5

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186. JAMES JOINER was indicted, for feloniously assaulting John Ray , on on the King's Highway, on the 12th of February , putting him in fear and feloniously taking from his person, and against his will, a silver watch, value 5 l. 5 s. a hair chain, value 1 d. a steel key, value 1 d. a stone seal set in silver, value 3 s. and one guinea and 15 s. his property .

JOHN WRAY sworn.

I am a gentleman's servant out of place; on the 12th of February last, coming from Ealing , this said person met me; he stopped me about half after four in the afternoon; he put a pistol to my breast, and said your money, if you do not deliver it, I will shoot you; I delivered my money to him, which was a guinea, and fifteen shillings in silver; then he demanded my watch, which was a silver one, and I gave it to him; there was a hair chain, and a silver seal with a cornelian stone, and my name, J. W. on it; after I delivered him my property, I said I was a servant out of place, and he had taken all I had got; then says he, here is half a crown for you, and he gave me half a crown back; then he said now you walk behind me, and he made me walk behind him a hundred yards or more; after that, he said now you may go about your business; and just

as we were parting, he said if you will call at the angel in Hammersmith in about three weeks, I will leave the value of the watch and what money I have taken from you, I said very well, I will call.

Court. Were you content he should go away with your property in this manner? - No; I was obliged to be content; I was not satisfied with it. I called at the angel the next day, and they did not know any thing of him; I was sent for to the public office, and saw the prisoner there. From the time the prisoner stopt me, till we parted, took up five minutes; I was much frightened; it was day-light; I am positive as to his person; I looked at him very often as we were walking together: directly I saw him at Bow-street; I was very positive as to the person; the constable of Brentford produced the watch. He stopt me about two hundred yards from Gunnersbury-house.


I keep the Coach and Horses in Sion-lane; I apprehended the prisoner about half past six, on the thirteenth of February, in consequence of something that passed between me and a Mr. Hull; he was passing my door, returning towards Brentford; I took him on the pavement; he was walking, and Mr. Hull following him; I sent for a constable, after I had had him in custody about a quarter of an hour, to search him; he took him to the Watch-house; and then we put him in a chaise, and brought him to the Public-office; he was there searched; on him was found some duplicates, a string and a seal, and a pistol-key; the watch was found at the Watch-house door of Isleworth, where he was taken to first.


I am a constable of Isleworth; I was sent for on the thirteenth of February, to take the prisoner into custody; I took him to the cage; I found a pistol on him at Mr. Wheeler's house, which I took out of his pocket; when I got him to the cage, I was going to search him, and he pulled a watch out of his pocket, and held it in his hand; I laid hold of his hand, and desired him to give it to me; he refused to give it to me; he said he had not robbed any body; and by force, I pulled it from him, and some part of the chain, which we broke in our struggling; I have had it in my custody ever since, and the watch.

(Watch and the piece of chain produced; and the watch deposed to by the prosecutor, who knew it by the maker's name, and No. 332.)

Prosecutor. This is the watch, but not the chain I had to it.


I am an officer belonging to Bow-street; when the prisoner was brought there, I searched him, and found this watch-chain in his pocket, and a pistol-key, and a quantity of gunpowder, a guinea and eightteen pence; I took him to the Watch-house; the prosecutor had given information at the office the night before; I believe he was brought to the office, about two hours after Wray gave the information, which was the night after he was robbed.

Wray. I was robbed on Thursday, the twelfth; I gave information the day after, which was Friday.

Shallard. It was on Saturday morning that the prisoner was examined.

(The watch-string and seal J. W. and bed-book, produced and deposed to by the prosecutor, which were found in the prisoner's pocket.)

JOHN HULL sworn.

I live at Twickenham; on the thirteenth of February, I saw the prisoner between the turnpike and Isleworth-town; between six and seven in the evening; it was on the foot-path, about a hundred yards beyond the turnpike.

Court. Then in consequence of something

that passed between him and you, you apprehended him? - Yes.

How soon? - Directly; he went towards the turnpike, and I followed him; I called out, stop him! and he was stopped just before I got to him; just as he got through the turnpike, he was taken by two or three gardening men; it was before seven; then they took him to Mr. Wheler's, and from thence he was taken to the Round-house; I saw a canvas bag, sixteen bullets, and a mould, taken out of his pocket, and a pistol; that is all I know.

Field. I took the pistol out of his pocket myself (produced); this is the pistol I took out of his pocket; it was not loaded; it appeared to have been lately let off. I saw Shallard take the key out of his pocket, after I took him to Bow-street.

Shallard. The key fits the pistol.

(The pistol-key produced, which fitted the pistol.)


I bought the watch of a travelling Jew; I gave two guineas for it, the same day I was taken. There was an old gentleman coming from Isleworth; I passed him, and asked him what o'clock it was; he had me taken up for a robbery: I am intirely innocent of the whole of it.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-6
VerdictNot Guilty

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187. The said JAMES JOINER was again indicted, for that he, on the 13th of February , with a certain pistol, loaded with gunpowder and leaden balls, unlawfully, wilfully, maliciously, and feloniously, did shoot at one John Hull , in the peace of God and our Lord the King then being, in the King's highway .

JOHN HULL sworn.

On the thirteenth of February last, the prisoner stopt me in the foot-path, about one hundred yards from Isleworth Turnpike ; it was between six and seven in the evening; he demanded my money; he had nothing when he stopped me; I said I had no money; and with that, I saw him put his hand down and pull out a pistol; I saw him pulling of it out, and I ran away as fast as I could, with that, he fired after me; I was about six or eight yards from him; my back was turned towards him; it did not touch me; the pistol was loaded with ball or something; I cannot say what; it made a good large report.

Court. It would have made a report with only powder? - Yes, my Lord.

How do you know it was loaded with ball or shot? - From the great report, and smoke coming out.

Are you a pretty good judge from the report of a pistol, whether it is loaded with ball or shot, or not? - I cannot say, my Lord; I should think it was loaded with ball, from his having these little balls about him.

Did you think at the time it was a ball? - I did: after he fired, I stood a little while, and he ran off; I found I was not shot; I went after him, and cried, a foot-pad going to rob me, fired at me; he was stopped just through the turnpike, about one hundred and twenty yards from where he had stopped me, by some gardening men, coming from their work; he was taken to Mr. Wheeler's, and from there to the cage; I saw the pistol, and the balls in a bag, taken from him.

Did you try whether the balls would fit the pistol? - I did not.


I fitted the key of the pistol with the pistol, but did not fit the balls to it; I found the powder and the watch-string on him at Bow-street.


I searched the prisoner in my own house; in his left hand pocket I found these

balls in a big, and a mould; I found some powder; I have kept them ever since.

(The balls tried, and fitted to the pistol and mould.)


I took the pistol from the prisoner; it appeared to me to have been fresh fired off, by the powder being fresh about the pan, which was open: I cannot tell whether there had been any ball in it.


Coming from Isleworth, I passed an elderly gentleman about six, and I asked him what o'clock it was; and I was afterwards taken up; I know nothing more about it.


Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-7

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188. The said JAMES JOINER was indicted, for feloniously assaulting Henry Leverett , in a certain field and open place, near the King's highway, on the eighth of February , and putting him in fear, and feloniously taking from his person, and against his will, one canvas purse, value 1 d. one guinea, four half crowns, value 10 s. and 3 s. in monies numbered, his property .


I live at Sion-hill; on Sunday, the eighth of February, about six in the evening, I was going from Hounslow to Sion-hill; in Lampton common field, in the parish of Heston , the prisoner met me in the foot-path; I was alone; he said, my friend, which is the way to Hounslow? I turned to shew him the way, and he drew a pistol, and said, your money this moment; he held the pistol to my breast; I pulled my purse out, and gave my money; it was a light coloured linen purse; there was a guinea in my purse before; I took the four half crowns and some silver that night; when I had given him my purse and my money, I told him I was but a poor man, and had nothing but what I worked hard for; he took half a crown out of the bag, and gave it to me, and bid me take myself off about my business; he went on towards Hounslow, and I went straight home; I am sure the prisoner is the man; he might stay with me about a minute, or not quite so much; it was light; I had a full view of his face; he was dressed just the same as he is now: I saw him at Bow-street when he was examined, which was on the Saturday following; I knew him the moment I saw him, and then declared he was the man that robbed me; I never saw the purse.

Had you described the man at all, before you saw him again? - Yes, since I gave a description of him to Mr. Wheeler, that he was a man with a one curled wig, a brown coat, and a scar in his face.

Court. Has the prisoner a scar in his face.

Owen. Yes, my Lord, on his left cheek.

To prosecutor. You have no doubt but he is the man? - I am sure he is the man.


I only apprehended the prisoner on Mr. Hull's account, on the thirteenth of February, and on him I found the bag of balls, but no purse; the prosecutor described him as having a light coloured wig, and a brown coat; that he was a thin tall man, but I do not recollect any thing about the scar.


I have nothing to say in particular, any more than I am innocent.

Jury. Was it moon light? - No, and day light was not shut in; it was near six, a very clear night.

GUILTY , Death .

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

25th February 1789
Reference Numbert17890225-8

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189. JOHN ROBLEY was indicted, for burglariously and feloniously breaking and entering the dwelling-house of Richard Parliament , about the hour of seven in the night, on the 25th of January last, and burglariously stealing therein, a black silk bonnet, value 1 s. a linen frock, value 2 s. a pin cloth, value 6 d. a hat, value 3 s. a band made of gold lace, value 5 s. and a metal buckle, value 2 d. his property .


I am the wife of Richard Parliament , I live at No. 13, Little Archer-street, Golden-lane , my husband is a housekeeper; on the 25th of January last, I went up about seven o'clock in the evening to make my bed, and while I was making my bed, to my great surprise, I heard my parlour window below thrown up, the bed room is over that parlour, it was a sash window, my shutters were opened, and I found my blinds and all thrown open; my shutters, which are outside shutters, before I went up I had put to, close, not fastened them, the sash was quite fast down, I am positive of it; I went out of doors to shut them to, as I always do, I am positive of it; upon hearing the noise of the sash being thrown up I immediately ran down as fast as possibly I could, and to my great surprise, I missed my things off the table which I had left there before I went up stairs; a child's black beaver hat, and a gold laced band, and a metal buckle; it is a child's that I have the care of; I have had her three years.

Whose child is that? - The father of the child lives in Quakers Buildings by Smithfield Bars, the mother is dead, and I am paid a guinea a month for it; there was a black silk bonnet of my own, the child's white frock, and a pinning cloth; I missed nothing else; all that I lost of my own was the silk bonnet.

Who paid for the child's clothes? - The father of the child finds her in every thing; I had put the sash quite close down, but had not fastened it any farther, I saw nobody in the house; I went to see what it was o'clock, I am sure it was about seven; I had the candle in my hand, the child wanted to go to bed at that time; I shut my shutters at six in the evening, and this happened at seven.

Were the lamps lighted when you went out to put to the shutters? - No, I had a candle with me up stairs, the runners from the public office brought all the things mentioned, to me the next morning, how they got them I know not; the runners names are Shakeshaft, Armstrong, and another whose name I do not know.


On Sunday night, the 25th of January, between the hours of seven and eight, I was in a little street that leads from Golden-lane into Whitecross-street, I cannot tell the name of it, me and Shakeshaft were about the middle of it, and Harpur was at one end; I observed the prisoner at the bar and a person (whose name I afterwards understood to be Buckingham) go into an entry, I followed them, Shakeshaft followed me, and I caught hold of them both; one was afterwards admitted an evidence, in Buckingham's hand was this bonnet; Shakeshaft came to my assistance immediately, and we pulled them out of the entry, and I saw Shakeshaft take a child's hat from the prisoner Robley, at that time we had got them to the street door of the entry, and something dropped from Robley which jingled, which was this large iron chissel, I picked it up, I am sure it dropped from Robley, because Buckingham was not on that side, he was on the right hand; Robley was at my left hand; I picked up this frock also, which was close by Robley's feet: we secured them and put them in the watch-house, and the next day we found where the lady lived; I saw Shakeshaft search Robley, and he found a pin cloth, which Shakeshaft has got; this was after we had brought him out of that neighbourhood; we let Mrs. Parliament know, and Buckingham

was admitted on evidence, and we were bound over; I heard them before we took them in conversation together, they were in the entry, and I believe were going up stairs; I had scarcely seen them a moment before they went into the entry.


I belong to the public office, I was with Armstrong on this Sunday night the 25th, it was in Playhouse-yard, between seven and eight o'clock, one end of it comes into Golden-lane, and the other into White-cross-street; I perceived Mr. Armstrong run into an entry, I ran in after him, and he had got hold of the prisoner and Buckingham, I took hold of Robley from him, and took this hat from out of his hand, I pulled him towards the door, and there I held him by the collar; I saw him put his right hand down towards his pocket, he threw something down, and I heard a jingling of something like iron, I called to Armstrong, who looked down, and he picked it up, it was a large chissel, and the frock close by him, we took them under the lamp, and I searched Robley, in his coat pocket I found this pin cloth; the next day, seeing the hat-maker's name in the hat, I went to him, he sent me to a gentleman near Smithfield bars, I cannot recollect his name, and he said he had a child at Mrs. Parliament's, that the things were entrusted with her.

(The things produced and deposed to by Mrs. Parliament.)

I know the bonnet, having done it up that week, and put this hand on it; the frock I know by the tuck, which I had observed, and the pin cloth had been torn that evening under the arm; the hat I know, I sewed on the strings myself, she had it about a twelvemonth; it had a gold band and a metal buckle, I cannot swear to them.

Was your sash wrenched up at all, did you see any mark on the sash? - No, I did not see any marks, I looked the next morning and saw no violence.

What is the name of the child's father? - John Turner , her name is Sarah Turner , she is four years old; the father finds her in every thing, and these things I had from him; the child lives continually with me.

Was you under any agreement with the child's father, to make good things that might be lost? - Yes, in any way that they were lost, I was to make them good; if these things had not been recovered, my husband must have made them good, the child's father told me so.


Court. Now remember the situation in which you come here, and take care to speak nothing but the truth? - Yes, I will; I was going up Holywell-lane, I cannot say to the day of the month, it was on a Sunday, I believe about a month ago, there I saw a young man of the name of Robert Avery , standing at a public house, the Red Lyon, he asked me to drink, I went in, we had two pints of beer, I believe we might stay about half an hour; there I saw the prisoner Robley, he was in the house then, I believe he and the others had been drinking together; Robley said to me that they were going across Moorfields, we went together, they did not say what they were going to do; we went across Moorfields till we came to Grub-street, then we went into the Crispin and had a quartern of gin, we did not stay there; and when we came out we consulted to go to see for some place to rob; I proposed going to Barbican; and Avery said he knew a place in Little Archer-street, where he said he had looked at a house several times before; accordingly we went there, the house was fronting a passage, Avery went to the house and pulled open the window shutter, they were shut to, whether they were fastened or not I cannot really say, there was a fire in the room, but no candle; Avery shoved up the window, and shoved open

the blinds, Avery in shoving up the window made a noise, and I heard somebody coming down stairs; then Avery reached himself into the window, and took out the articles here mentioned; part of his body was in the window, I think these are the same things, I know the hat and bonnet, but I did not know what the other things were, they were laying very near the window, but I cannot positively say, he could reach them without going in entirely; Robley was at the distance of about twenty paces, I could just discern him: he was standing by, watching; Avery gave all the things to me, and Robley afterwards took the things from me, except the bonnet, he took them from me underneath the passage; when we got into Golden-lane, Avery told Robley and me to go to a place in Golden-lane to sell the goods, and going into the house we were apprehended by the officer.

Who laid hold of you? - Armstrong; I had the bonnet, nothing more.

Who laid hold of Robley? - Armstrong laid hold of him at the same time, and I let the bonnet fall; Mr. Shakeshaft came to his assistance, and brought us out, and another person came up of the name of Harper, then they handcuffed us, and took us to the justice; I did not observe what they took from Robley.

Is all this true? - To the best of my knowledge it is.

What became of Avery? - I cannot tell indeed, he stood at a distance off.

Court to Mrs. Parliament. Is there an entry oposite your house? - There is a passage, but my house is not opposite, the passage goes into Great Archer-street, there are three doors difference between its being opposite.


My Lord, I happened to be at the Red Lion, Holywell-lane, when this Buckingham came in, he goes by two names, and we were talking together about going over Moor-fields, he said he had a friend in Grub-street that he wanted to see, and we all agreed to go together, he, Avery and me; when we came to Grub-street, he was not there, we had some gin, and went out towards Barbican; and when we came in this street where the robbery was committed, we were all together, I walking before them, I missed them; I being before them a great way I turned back to see for them, and as I came back again, Buckingham gave me the hat and some of the things, and I did not know where he got them from, I had not the presence of mind to ask him, I was a hundred yards from the place where they were taken, I did not know they were stolen, and when we came into Playhouse-yard, we were stopped by Mr. Harper and Armstrong, and the things were taken from us; I thought they had belonged to Buckingham; I have a person here that I have lodged with since I have been in London.

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

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-9
VerdictNot Guilty

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190. WILLIAM MORGAN was indicted for feloniously assaulting Mary wife of John Greenland , in the King's highway, on the 17th of December last, and putting her in fear, and feloniously taking from her person and against her will, a pair of blankets, value 10 s. 6 d. two flannel crape handkerchiefs, value 1 s. a muslin ditto, value 1 s. one pair of silk stockings, value 6 d. six pair of cotton stockings, value 3 s. four shifts, value 4 s. two black silk cloaks, value 21 s. four pocket handkerchiefs, value 2 s. two ditto, value 7 s. 6 d. thirty-seven guineas, value 38 l. 17 s. and one half guinea, and a French crown, value 4 s. 6 d. the property of the said John Greenland .

Thomas Cable called on his recognizance, and not appearing, there was no

other evidence against the prisoner, and he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-10
VerdictNot Guilty > no evidence

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191. ISAAC BALL was indicted for burglariously and feloniously breaking and entering the dwelling house of James Pinkerton , about the hour of seven in the night, on the first day of November last, and burglariously stealing therein one piece of velveteen, containing thirty-nine yards, value 8 l. 4 s. his property .

There being no evidence the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-11
VerdictGuilty > theft under 1s

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192. RICHARD PRIOR was indicted for stealing, on the 3d of February , eleven pair of silk stockings, value 40 s. five pair of other stockings, made of silk and cotton mixed, value 20 s. five pair of scissars made of iron and steel, value 10 d. three remnants of cambrick, containing eight yards, value 3 l. five yards of satin, called Florentine, value 30 s. the property of Joseph King and Robert Cottell , in their dwelling house.


I am a partner with Joseph King ; it was in my dwelling house the property was taken, the prisoner was our shopman , he had been with us about two months; having lost some goods, and having some reason to suspect my servants, I desired them all to come up stairs with me, on the morning of the 3d of February, and permit me to search their boxes; the prisoner and the other shopman went up with me, he made no hesitation to give me his key at all; I opened his box, and found in an old coat pocket five pair of white silk stockings, and under that coat three pair of black silk stockings; and underneath the box was two drawers, in one of those drawers I found five pair of scissars wrapt up in a handkerchief, we had lost our scissars; I found no other articles of mine. In the afternoon I went with him to Mr. Warrell, I went to the first house that he had lived at, I went there to search for goods, at a Mr. King's, grocer, in Fore-street, I begged to look at his linen, which was in a box, and there I found two pair of silk and cotton stockings; I went from thence to Mrs. Gislingham, a milliner in Fore-street; there I found a pair of patent silk stockings, a pair of white silk, and a pair of silk and cotton stockings; From there I went to a Mr. Lambert's in East Smithfield, there I found three bits of cambrick, and five yards of Florentine; that is all I found of my property.

When you went up and searched this man's box, and found these things, did he say how they came there? - He only desired I would search the other men's boxes; I did, and I found no property of mine; he then said that they were not my property, that he had bought them.

Did he say any thing about the scissars? - I do not recollect that any mention was made of the scissars.

JOHN ABDY sworn.

I know the prisoner at the bar, the apartments where the things were found was Mr. King's; the washerwoman brought the things there.


I do not know who brought the things there.


I live in Fore-street, I remember three pair of silk stockings being found at my house, the prisoner brought them there to be marked, I believe it was in December, a good while before they were found; I am quite certain the prisoner brought them.

ANN PRICE sworn.

I lived at Mrs. Gislingham's, I marked three pair of stockings by Mrs. Gislingham's desire, the prisoner brought them there; they were silk, or silk and cotton.


I was present when the things were found, I do not recollect any promise being made to him; the prisoner said he owned to taking the scissars, but nothing farther, no promise was made him.


I produce the stockings which I had from Mrs. Gislingham.

Prosecutor. I had the same kind of stockings in my shop, and I looked and found one pair of each sort was gone; I had six pair of each sort, these two pair of silk stockings correspond exactly with those I have left, the others do not, I believe they are all my property, there are no particular marks.


I came up stairs, and Mr. Cottal gave me these stockings, and charge of the prisoner; I have had them ever since.

Prosecutor. I believe them to be mine; I had such goods.

Mr. Garrow, Prisoner's Council. How long has the prisoner lived with you? - Two months.

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

GUILTY, Of stealing the scissars to the value of 10 d .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-12

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193. GEORGE MURPHY was indicted for stealing, on the 21st of February eleven pieces of woollen cloth, called morine, containining two hundred and sixty-four yards, value 18 l. and one piece of canvass called a wrapper, value 1 d. the property of John Atkinson and James Haydock .


I can only prove the property, I lost it on Saturday the 21st, I live at No. 56, Lothbury ; I am a warehouseman ; they were delivered to a porter to carry to John Dyer's press, I did not see them delivered, my servant delivered them.


I am a Mr. Dyer's porter, he is a hot-presser in Monkwell-street; I received eleven pieces from Mr. Wilson, Mr. Atkinson's servant, I tied them up, and took them out of his house, and carried them to the pitching-block in King street; there I rested myself; I had been there a little while, there came a man with a load, and I turned back to help him to pitch his load on the block, that he might rest himself; in the mean while I thought I heard a foot behind me, and I turned as quick as I could, and my load was gone, and a man coming by hearing me say I had lost my load, said there it goes; says I, that is my load; and I pursued him, and near Laurence-lane he dropped it, I do not know who the man was that dropt it; I saw a man go from the load, but I cannot say who it was. I saw him after he was taken, but I took to my load. I cannot say that the man that was taken was the same man that took my load, I was too much flurried. The prisoner is the man that was taken; I believed at the time he was taken that he was the man that took my load. I now believe that the prisoner at the bar is the man that had my load on his back. I have no doubt about it.

Court, by prisoner's request. Did you see the prisoner put it on his back, or take it away? - No.

Or throw it off his back? - Yes, my Lord, I did see him throw it in St. Lawrence-lane, about five yards from the post.

Court. Whose goods were those? - Mr. Atkinson's and Co. I believe Mr. Haydock is the partner.

- WILKINSON sworn.

I was going to the Post-office on Saturday evening the 21st. About half after six I met the prisoner with a load opposite St. Lawrence Church; he was running as fast as he could; I suspected it was stolen from the block, because he was coming in a direct line from the pitching-place; I came up to the block, and this man (Cooper) said, Oh! my load is gone. Well, says I, there it goes; and I shewed it him; so we pursued him up Cateaton-street, and the prisoner let the load fall in Cateaton-street; Mr. Cooper took the load up, and I pursued the man; he went about ten yards, then turned about, and came a few yards before I took hold of him; I delivered him to Mr. Dixon the constable.

The package produced, and believed to be the same by Wilkinson.

NIXON sworn.

I am a constable; I received the package from Mr. Wilkinson, and took charge of the prisoner, by the direction of Wilkinson and Cooper; these are the things, I sealed them up, and have had them ever since.

Deposed to by Mr. Cooper.

Prosecutor. These are the property of me and James Haydock ; they are the same that Cooper received from my warehouse.


I was coming from Queenhithe, and coming down Lawrence-lane, I heard the cry stop thief, and the man took hold of me. I know nothing more of it.


Transported for fourteen years .

Tried by the London Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-13
VerdictNot Guilty

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194. THOMAS SHERRY was indicted for feloniously assaulting Elizabeth Bell , wife of James Bell , on the King's highway, on the 12th of February , and putting her in fear, and feloniously taking from her person, and against her will, one silk handkerchief, value 1 s. 2 shirts, value 2 s. 3 linen aprons, value 6 s. a pair of cotton stockings, value 1 d. a damask napkin, value 2 s. and a linen ditto, value 1 s. his property .


I am wife of James Bell ; I live at Lower Shadwell, my husband is a cooper , I follow a little weaving when I can; as I was coming out of a butcher's shop, in the highway close on Farmer's-street , on the 12th of February, I was going home, and three men surrounded me three doors from the butcher's; I had been for a pound of mutton chops; the prisoner damned me and said, he would have some mutton chops for his supper; two of the men were behind, Sherry was facing me; I had a bundle in my hand, which the prisoner laid hold of, he dragged me down the steps to Palmer's street from Ratcliffe-highway; he dragged me by holding it; there are five at one parting of the steps, and about five more at bottom; I know the steps perfectly well; I cried out murder as loud as I could; there was a man came out to my assistance, but the prisoner was gone off with my bundle; he took my bundle from me, and run off; I kept my feet in going down the first five steps, from which there is a space of ground; he had hold of my bundle and cloak, and he dragged me down on my knees to the other steps; I was pulled by force by my bundle.

How was you conducted down the first steps? - By a violent force, keeping my feet; he laid hold of the side of my cloak, and the bundle, and pulled the string of my cloak quite off; when I came to the bottom of the first five steps I strove to keep my property; then he dragged me down the rest of the steps, by holding my bundle and my cloak, he had hold as well as I;

I did not tumble down, he pulled me down, he dragged me by all fours down the remainder, he dragged me down the last steps with my head foremost, on my knees; I kept my hand on the bundle before me; when he got me to the bottom of the other steps, there is a lamp, and he run off with my bundle; I went immediately back up the steps to the butcher's, and I told them, the butcher went home with me, which is about twenty minutes walk.

Did you know the prisoner before this time? - I saw him, and two with him, pass the shop while I was in it; I had not seen him before, I did not know either of the other two; the two that surrounded me were the same that were with him; I never saw them either before or since to my knowledge; it was not in all above a minute and a half, or two minutes, from the time of his taking me down the steps to his running away with my bundle; that place is a thoroughfare, but it is dark of nights; it was not my way home; the bundle contained two white shirts, three white aprons, a pair of men's ribbed cotton stockings, a damask napkin, and a common napkin, all tied up in a silk handkerchief; they were my husband's property; I had been for them from the washer woman's; the butcher's shop was in my way home; the prisoner did not take the chops, but they were dropped; they were on a skewer; the next night I saw the prisoner in the White-hart public-house, Ratcliffe-highway; the officer and me took him there; I was with the officer; I knew I should know him again if I saw him.

What induced you who was a perfect stranger to the prisoner to go to the White-hart? - The next day I told Mr. Orange the officer, and he took me to the White-hart, and to another public-house.

Did you give Orange any description of the person of the man? - No, I did not, I told him how I had been robbed, and that if I saw the man I should know him; the same evening I went to the White-hart; I saw nobody I knew there; then I went to the White-hart, and he was in the taproom, on his feet among a great many people.

Before you told Orange that was the the man, had any body pointed him out to you? - No.

Nor given you any suspicion that he was the man? - No.

Neither Orange, nor any body else? - No.

Had Orange, or any body else, told you who was likely to be the man, or mentioned his name? - No, I knew him as soon as I went in, and I signalised him out.

What dress was he in when he robbed you? - It was, I believe, a kind of a brown or dark-coloured jacked, with a kind of white button; his hat, I believe, was a round one, but I cannot be positive.

Then you cannot be certain whether you had a perfect view of his face? - I had a perfect view of his face when he was passing by, and at the bottom of the steps there is a lamp, and then I looked at him when he dragged me down, and I saw it was the same man that passed by the butcher's shop.

Was he laid hold of in the room at the publick-house? - Yes; and taken into a back room, and Orange searched him in my presence; I told him I believed that was my handkerchief about his neck, which was taken off by Orange. I just had a glimpse of it, and knew it to be my own; it was a silk handkerchief, nothing else was taken on him, no other part of my property has been found since. We went before the justice the same night, there the handkerchief was produced; then I had an opportunity of examining it to know it; I was able to know it to be my husband's.

Court. There was no other force used than the dragging you mentioned, no instrument? - None, no conversation passed between us, but I said, do not take my bundle; it was as near as I can tell about half past nine.

How came you to take notice of the prisoner passing by? - Nothing led me to any suspicion, only I was looking as he and the other men passed by.

Did you take such notice of him when he passed by, that if this had not happened you should have known him? - I do not know that I should if I had not seen him the second time.

And the only light you had to see him by afterwards was the lamp at the bottom of the steps? - Yes, I knew he was the same by that lamp.

Mr. Knowlys, Prisoner's Council. What time was this? - About half past nine at night.

I should guess that a young woman like you was very much frightened? - Sometimes a fright will bring me more to my senses.

Then you have a very particular constitution, but you was under some alarm, was you not? - Certainly I was under a little alarm.

You say there was a man came out? - Yes.

You gave no description to the man that came up? - I just said, God bless you, run after him, he has got my bundle.

Did you wait till that man came back again? - No, he did not go.

Did you know Mr. Orange before this? - No, I did not.

How came you to find him out? - I was going along the highway, and was told that he was one.

Where did you see him, did you call at his house? - No, I did not, I was told that that was an officer.

This young man had the handkerchief openly about his neck? - Yes.

You, without examining, claimed it? - Yes, I did not mean to examine it any more.

Were you talking with the butcher? - No, I was not, I said I wanted a pound of mutton chops; it is a place I always deal at.

Did you make any application to the butcher to come here as a witness for you? - I never applied to him, nor ever asked him.

There are houses on both side the steps, and a double wall at the turning? - I cannot tell you the place rightly, because I do not frequent it.

This lamp is at the bottom of the steps? The lamp stands in the middle of the steps, over the bottom of the steps. I am not sure whether his hat was on or not when he got to the bottom of the steps, when he passed by the butcher's he had a hat on then, but I cannot say what kind of hat it was.

Did you take so much notice of him at the lamp as to say whether he had a hat on or not? - I cannot say.


On the 13th of this month application was made to me by Mrs. Bell, between seven and eight, to the best of my knowledge, in the evening, at the White Lion in Shadwell Market; she told me she was robbed by three men.

Did she describe the particulars where it happened? - Yes.

Did she describe any of those men to you? - She told me one had a jacket on with white buttons; accordingly I went with her to the White Lion. She said one was a lowish lad, and the other two taller, but she could not know them.

Did she tell you where she was robbed? - Yes, she said at the bottom of the steps going into Farmer-street.

Did she tell you how she got down to the bottom of the steps? - Yes, she told she was dragged down to the bottom of the steps by one of the people who had snatched away the bundle from her. I went with her in search of him to the White Hart, to see if she knew any body there. I desired her to look about to see if she knew any body in the tap-room.

Were there many people in the room? There were men and women; and after looking round the room she signalized the prisoner at the bar out to me; she then gave me charge of him.

Had she spoke to the prisoner before she did this? - No, she had not; I then took him into custody, and took him into the back room; I searched him, and while I was searching him, she directed me to take the handkerchief off his neck; she verily believed it was hers; I then took the handkerchief off his neck, and put it into my pocket; I did not shew it to her then; I then secured him, and took him to the publick office, Shadwell, there I produced the handkerchief, which she swore to; it is here (produced); I have had it ever since.

Mr. Knowlys. How long had you been at the White Lion? - I am there all day long, waiting for business; that is a house that we frequent.

Who came with the young woman? - Her husband.

That was the first time they applied to you? - Yes.

You was not in the street then, when they saw you first? - No.

The young woman's husband went with you, at the time all this took place? - He certainly did.

He was there all the time? - He was.

He is the next witness to be examined? - No, he knows nothing of the business.

Are you a constable? - I am.

Of what parish? - I am sworn in for the county; I am an officer besides; I am sworn in as a constable, from sessions to sessions, at the Public-office, by two magistrates; at the Public-office for the county.

The handkerchief was on his neck in the room, that any body might see it? - Certainly.

There is no particular pattern in the handkerchief? - I have no business to describe the handkerchief, the woman will describe it; certainly there is patterns, and some more remarkable patterns than others.

Is not that a very common pattern? - Certainly it is. Mr. Forrester knows no more; he was with me when I received the information.

Court to Elizabeth Bell . Look at that handkerchief; do you know that handkerchief? - I do, perfectly.

Is that the handkerchief you saw at the office? - It is.

Whose property is it? - My husband's.

How do you know it? - The hem is worn off, part of it of each side.

Is it a silk handkerchief? - Yes.

Whose hemming is it, do you know? - It is my own.

Is it lettered? - No.

Had you observed this hemming worn off part of it, before this thing happened? - I knew the handkerchief; I lost it; I knew it was the same, when I saw it on his neck.

How did you know it? - By the remarkable fineness, and two or three little holes in the corner, which I had observed before I lost it.

Court. Now, with all the caution that ought to be put to you, upon such a charge as this, do you undertake to swear, that that is the handkerchief which contained the bundle you was robbed of? - Yes, my Lord, I do with a safe conscience.

How long had you the handkerchief in your possession, before you lost it? - I had taken it off my own neck before I went out, and I put a white one on, and I clapped this into my pocket.

Whas it a handkerchief you yourself generally wore? - Yes, it was.

Mr. Knowlys. Is not that as common a pattern of a silk handkerchief, as any that is worn? - Yes.

The wearing will happen to any body that wears a silk handkerchief? - Yes.

Court. Look at it again, and tell me whether you can speak to your work on the hemning, so as to know it? - I think I can; I can tell I hemmed it, because I hemmed it in a great hurry, and in a very dark place.

(The handkerchief handed to the Jury.)

Mr. Knowlys. Was it you that first applied to Orange, or did Orange come to

you, before you saw him at the ale-house? - I saw him in the high-way, but I did not speak to him then.

Before Orange had made any application to you about this supposed robbery; had you been to him? - I went to him.

Did you go to Orange, before he had ever called at your house? - Yes, I did.

Are you sure of that; did not he first call now at seven in the morning at your house, before you went to him at the White Lion? - No, that I swear he did not; I was not out of bed.

Did he at any other time in the morning, before you called on him? - No.


About two hours before Mr. Orange took me, I was going up the highway, and there was a woman singing a song; and there was a man standing by with this handkerchief, and wanted to sell this handkerchief; and I asked him what he would have for it, and he said 2 s. and I told him I would give him one shilling, and the handkerchief I had round my neck, and he let me have it; I have a great many gentlemen in court for my character.

The prisoner called fourteen witnesses, who all gave him a very good character.


Tried by the first Middlesex Jury before Mr. BARON THOMPSON .

25th February 1789
Reference Numbert17890225-14
VerdictGuilty; Not Guilty

Related Material

195. GEORGE PORTER and WILLIAM COOK were indicted, for burglariously and feloniously breaking and entering the dwelling house of Ann Goodall , about the hour of six in the night, on the 21st day of January last, and burglariously stealing therein, six silk handkerchiefs, value 12 s. and a leather slipper, value 2 s. her property .


I live at Islington with my mother, Ann Goodall ; she is a widow ; on Wednesday, the 21st of January, near the hour of six in the evening, my brother George came in, and said there were some suspicious persons about; I went out, and heard somebody hallooing on the other side of the way; I told my brother to stop at home, and mind that the windows was not cut, and I would get somebody to come to our assistance; I came back in about eight minutes, and my brother was out of doors, and said the windows had been robbed; I ran out, and went on the Terrace, there I saw one of the prisoners, (Cook) whom I knew very well; I laid hold of him; I told him he had robbed the window; immediately after, my brother came up, and said it was not him, it was the other prisoner, Porter; the other prisoner was on the other side of the way, and he ran from behind the watch-box, and my brother said there he goes, stop thief! I immediately let go the prisoner Cook, whom I had got hold of, and ran after the prisoner Porter, and he was stopped in the Church-yard, Islington; the handkerchief and slipper were found on Porter; I found them in his pockets; the constable happened to be at hand, and I called him, and took him to our house, and he was searched, and taken to the justice.


I am brother to the last witness; I am fifteen years of age; I went to the door to give the boy the pots, about ten minutes or a quarter past five; I saw the two prisoners come down the lane together; I see them go as far as the watch-box, and then they parted; Cook went on the other side of the way, and Porter walked backwards and forwards on our side of the way, near our house; and I went to get some assistance, for fear of their breaking the window, but I could not; and when I returned, I saw the prisoners meet again; they went through the Churchyard to Cross-street; I went into the shop, and looked through a shawl that hung in the window, to watch them; Porter went

past the window, and looked in at both the windows; then he passed again, and looked in at that window which he broke; then he stopt about a quarter of a minute, and I saw him pull something out of his pocket, and cut the putty of the window, and shove in a large piece of glass; then he pulled out the slipper and handkerchiefs; and just as he had got to the end of the handkerchiefs, a piece of glass fell; it was his hand he put in; he immediately put the things in his pocket, and went towards Cook; I see all this distinctly, for I looked at them all the while they were there: two shawls hung up, and I looked between these two shawls; there was a light in the shop, on the side he broke, but on the other side that I looked through, I had put the light away; it was a projecting window I looked through; there was no light on the outside but a lamp; the window was full of goods; the light on the counter was very strong: I am sure as to both of the prisoners; I knew Porter before; he lived in Islington; I heard Cook making a hallooing the same night, at the corner of Cross-street; they had been hallooing all the evening together, to one another: the shop is a about twenty yards from the corner of Cross-street; I did not see Cook at the time the window was broke; I saw him when he went through the churchyard, not afterwards; I ran out immediately, and Porter had got the property, but I could not see where he run to; I saw Cook on the Terrace, which is about forty yards distance from our house.

Court. Could you see him at forty yards distance when you run out? - Yes.

What time of night was it? - Six.

That is dark in January? - Yes, but there are a good many lamps on the Terrace which shew a great light; he was hallooing at the top of the Terrace, and the prisoner ran towards him.

When you first ran out at the door, did you see either of them? - No, Sir.

When you first saw Cook on the Terrace, what was he doing? - He was making a hallooing just before I got to the Terrace, the corner of Cross-street; I met my brother at the top of Cross-street, and told him they had got the property; my brother laid hold of Cook, and coming back I saw Porter run from behind the watch-box, or somewhere about there, as hard as ever he could; I told my brother that Cook was not the man that robbed the window, but that it was him who ran from behind the watch-box; he ran after him, and left Cook on the Terrace; he was not taken up till the next day, after we went to Mr. Blackborough's.


I am a constable; here is a piece of handkerchief, and a slipper; I received them from Mr. Daniel Goodall .

Daniel Goodall . I took the things out of Porter's coat-pocket myself; I know them perfectly, here is a mark on them; [deposes to the handkerchiefs by the mark 34, to the slipper by the mark J. B. H. and produces the fellow marked in the same manner.] The handkerchief had been in the window all day, I know that mark very well; we have had them a month, they were put in the window to shew, they were not wrapped up; I am sure they are my mother's handkerchiefs; I know Cook perfectly well, and little suspected him; I changed two or three different hats to see if it was him, and it was him.


I know nothing of this man; I am quite innocent of the affair; as I was walking along I saw this parcel lay, and I picked it up.

The Prisoner Porter called one Witness to his Character.



Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Cook. Your life is spared; I hope the fate of your unfortunate companion will be a warning to you.

25th February 1789
Reference Numbert17890225-15
VerdictGuilty > lesser offence

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196. JOHN VANDIEST was indicted for burglariously and feloniously breaking and entering the dwelling-house of Titus Newcome , about the hour of six in the night, on the 26th day of January last, and burglariously stealing therein a pair of leather pumps, value 5 s. and two shoes, value 2 s. his property, and two pair of leather shoes, value 10 s. the property of John Newcome .


The prisoner at the bar came into the shop of Titus Newcome , a boot and shoemaker .

Court. Who is John Newcome ? - John Newcome is a boot and shoemaker; I live with Titus Newcome ; we had the property from John Newcome to sell; the shop is Titus Newcome 's, and so was the house; about five or six o'clock in the evening of the 26th of January I had been out, and came in just before the prisoner; the lodger's bell rung, and I went up stairs for five or ten minutes, and I left nobody; when I came down I found the prisoner in the shop, the windows were down, and the door on the latch; when I came down I saw somebody going out of the shop; and I went into the shop, and found the window was cleared; I immediately went out, and I saw the prisoner crossing the way; I walked on the right hand side of the way, and he on the left; I went rather quick, and crossed over, and I met him face to face; I took him by the collar; he had a bundle; I said to him, you have robbed my shop; he said, no, he had not, he saw a man run; I said, you are the man; I took him to a publick-house; here are two pair of tie shoes, with the name of Mr. Welgen on them; we bought them from John Newcome to sell again for ourselves: he got away from me at the publick-house, and ran off; here is a velvet pump, our own make; it is the property of Titus Newcome , I am sure of that.

Was the window broke? - It was not broke.

Prisoner. Was there any light in the shop? - No.

Was I walking or running when you saw me? - He was walking on the left-hand side of the way:


I know no more than hearing the cry of stop thief, and seeing the prisoner running, I tript up his heels, and held him till the last witness came up.


I heard a noise in my passage, and I went and desired them not to make a noise there, but to get out in the street; and I heard the prosecutor say, the man had robbed him.


My father is a carpenter by trade, and I went to carry a table home; I pickt up the bundle; they took me to a publick-house, and used me very ill; the man I saw running had a black coat on.

Newcome. I saw the man go out of the shop; there was no light in the shop; I never lost sight of him from the time that he left the door till I brought him to the publick-house from whence he made his escape, and was afterwards taken by the witness Spark.

GUILTY. Of stealing the pump only, but not of breaking and entering .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-16
VerdictNot Guilty

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197. MARGARET THOMAS was indicted for feloniously stealing, on the 9th of February , a metal watch, value 20 s. and two linen handkerchiefs, value 1 s. the property of Francis Culbert , privily from his person .


I am a servant (footman ) to Lord Barrymore; I met with the prisoner at the bar at Hounslow, almost opposite to the White Hart, between three and four o'clock in

the morning, I was riding on horseback; I asked her, where was she going; she said, she was going towards London; it was on the 9th of February; I asked her to come back; and she asked me, where; I said, to the first place I could get open, and I would give her something to drink; she said, she would; I took her to the Red Lion; the house was shut up; the ostler was up, and I took her into the yard; I put my horse up, and I had no place to go to, and she came into the stable with me, and I fell asleep, and she was there, and she searched my pockets, and took my watch; I did not sleep more than half an hour; I missed my watch when I awoke, and two handkerchiefs, and some money, but I don't know how much money; I ran out to the gate, and there was a waggoner coming past: I asked him if he saw such a person, he said yes, and directed me to where he saw her running; I went to the ostler, and we got a constable, and me and the constable followed her on the road, and we took her, and the constable took my property on her.

Court. You carried her back to give her something to drink? - Yes.

Did you do so? - No.

Did anything pass; Sir? - Yes.

Then, Sir, you have not told the whole truth; you was to give her something I suppose? - Yes.

How far had you come that day? - From Oxford.

Was you sober or drunk? - I was very tired and sleepy.

Can you say you was not drunk? - I cannot, my Lord, I had been up all night.


I am a constable; about six o'clock on the 9th of this month, the prosecutor came to me, and said he was robbed of his watch and half-a-guinea, and some silver; I asked him if he knew the person? he said, yes; she had robbed him in the Red Lion stable; I got up immediately, and he went to the Red Lion, and I followed him to the yard, I then took him with me to the Bell at Hounslow, and asked a carman, whom I met, if he had seen such a person as the prisoner? He said, yes, he saw her a little beyond the Black Dog at Belfound; I advised him to go back, and get his horse, and I got another, and we pursued; we heard of her all the way on the road; we went on to Windsor, and took her nearly within about half a mile from the Bells at Hoseley, near Datchet; I told her she had done a robbery; she said she had not; I desired her to give me the watch she had taken from the gentleman's servant; she said she had no watch, and that she had not robbed any body; I said I would search her; she then gave me the watch, and afterwards I searched her, and found in her pocket only one good shilling, and one bad one, and two linen handkerchiefs, one about her head, and another in her pocket; I put her on my mare, and carried her before Justice Lane, at Belfound, and he committed her; I believe we took her about half past nine in the morning.

Court. When you first saw the prosecutor was he perfectly sober? - I did not perceive him to be in liquor; I can't pretend to say.

How far from Hounslow was it where you took her? - I never was that road much, I only know by information.

What account did she give of the watch? - She denied it at first, and then she gave it to me on my threatening to search her.

Prisoner. Did not I tell you that the servant had given me the watch? - No, my Lord, she said he had given her a shilling, but did not mention a thing about his giving her the watch.

To Culbert. Look at the watch? - It is my watch, I had it at that time, there is no number to it, but I am sure it is my watch; I know the handkerchiefs, my name is on one.

Court. You will not swear to her taking your money? - No, it might have fell out of my pocket.

What money had you? - Half-a-guinea, and some silver, I don't know how much.

Might not your watch have fell out of your pocket also? - Yes, it might.


I had been to see my child; I have a child about three months old; I was coming home to Brentford, and I met the gentleman's servant; he asked me to go back, and he would get a bed, and give me something to drink; I went with him, and the house was shut up; we went into the yard, and he put his horse in a stable, and then pulled me in, and locked me in, and left me for half an hour; he then came back, and was to give me half-a-crown; when he felt in his pocket he had but one shilling, and he gave me his watch to keep 'till he got change in the morning; he gave me a handkerchief to tie round my head, and the other I took up in the stable; I was afraid to stay there too late in the morning for fear the people should get up, and see me there.


Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-17
VerdictNot Guilty; Guilty

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198. SAMUEL HOUGHTON , WILLIAM THORNE , JAMES HOUGHTON, al. JAMES JONES , al. JAMES DEFFNEY , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Prisca Allmet , widow , about the hour of seven in the night, and burglariously stealing therein a silver watch, value 21 s. a silver stock-buckle, value 1 s. a stone-ditto, set in silver, value 1 s. a silver coral, value 5 s. a gold ring, with a stone set therein, value 2 s. a pair of silver clasps, value 1 s. a dimity waistcoat, value 1 s. a silk gown, value 4 s. one shirt, value 2 s. a cotton gown, value 4 s. a bombanet gown, value 5 s. two handkerchiefs, value 2 s. two muslin ditto, value 3 s. one linen ditto, value 10 d. two linen sheets, value 6 s. three check aprons, value 6 s. two shawls, value 5 s. two linen pillow cases, value 6 d. three muslin caps, value 1 s. three pair of muslin ruffles, value 1 s. 6 d. two linen frocks, value 2 s. eight pieces of linen cloth, containing three yards, value 8 s. a linen bed gown, value 1 s. a bolster, value 1 s. two hats, value 1 s. a piece of lace, value 1 d. a piece of ribbon, value 6 d. a small piece of printed cotton, value 1 d. and a printed book, value 1 s. her property .

The witnesses examined apart.


I am a widow, on the 29th of January my room was broke open; I rent the whole house, it is No. 8, Hemlet-Court, Carey-Street , the outer door is generally open, all the upper part of the house, except the ground floor, is let to lodgers, which is the reason why the outer door is left open; I pay rent for the house, I live on the ground-floor; about six o'clock in the evening, or a little after, I had occasion to go for my children; I shut my shutters first, and I struck a light, and went to the watch, which was hanging up, to see what o'clock it was; I have but one room, I could not see without a light; when I went out all my drawers were locked; I double locked the door of my room when I went out, and put the key in my pocket; I am very sure I double locked the door, I am confident of it; I returned between seven and eight; on my return the outer door, which I had left open, was bolted or locked; I knocked, and Mrs. Gillman, one of my lodgers, who lodges in the one pair of stairs, asked who is there? she opened the door to me, and said, I am sorry for you Mrs. Amlet; when she had said these words, I turned my eye, and observed the door of my room a-jar, the box of the lock was intirely pressed off, I did not observe much at that time, but on putting the lock on I observed a mark of something; the first thing I missed was the watch off the nail, it was a silver watch; I found the drawers all open and empty, I am sure they were locked before I went out; they took both good and bad; I had not seen

the things in the drawers that day, but on the night before I had been at work on some articles that I had put into the drawers I had a bureau besides, and all the drawers in that were forced open, but the bolts standing up; I had observed some of the articles in the bureau on the day before; I lost the things mentioned in the indictment (repeating them); I was robbed on Thursday evening, and the Tuesday afterwards three men came to me, and in consequence of that I went to Clement's-lane to a chandler's shop, facing Yates's-court, up one pair of stairs; there I found two muslin caps that were my own needlework, three yards of Irish cloth, a piece of black lace, a piece of a body of a printed cotton gown, there were two pieces of ribbon which I thought was mine, I found nothing more there; the book I saw at Mr. Wilmot's office, I never saw the watch again.

Prisoner James Houghton . This prosecutrix has said that she could not swear to these articles, but that the constables obliged her to it? - I never said such a word.

Mr. Knowlys, Prisoner's Council. Did the officers ever make use of any persuasion to you? - No, never in the world.


I am a married woman, I am a lodger at Mrs. Allmet's, I lodged there on the 29th of January; on Thursday the same 29th, one of the lodgers up two pair of stairs gave me an alarm, I took a candle and went down, and when I got down I observed Mrs. Allmet's parlour-door open, it was between six and seven at dark; I knocked at the door and nobody answered, I then called out Mrs. Allmet, and nobody answered, I then pushed the door wider open, it was on a jar, and the bolt hanging down I went into the middle of the room, the woman who gave me the alarm was standing half-way on the stairs, the drawers were all open, and the bureau drawers were open likewise, the forms which the children sit on were moved into the middle of the room, for the prosecutrix keeps a school, and some dirty things and old baskets strewed about in a very odd kind of manner, I then fastened the street-door, which was then open, and went up stairs; it is not, usual to fasten the street-door so early; when I went up the bells of St. Clement's church were ringing for seven o'clock, they sometimes ring half an hour before seven, sometimes twenty minutes, sometimes a quarter, they are not very regular, but are generally done by seven.


I am a married woman, I lodged at Mrs. Allmet's on the 29th of January, I was going down stairs to go to Black Friars to fetch some linen, it was between six and seven when I got down stairs, I saw Mrs. Allmett's parlour-door open, it was dark, it alarmed me, knowing that she was not at home, the door being painted brown, there were some bits broke off from about the lock of the door, which made it look white, I called Mrs. Allmet twice, and nobody answered, I saw a light shine upon the wall as I was upon the stairs, it was a very weak light, it appeared to come from Mrs. Allmet's room; there was no fire at all at that time in the room, I did not go into the room, I heard a noise in the room, I ran up stairs directly to the gentlewoman (Mrs. Gillman) in the one pair of stairs, I asked her if she knew whether Mrs. Allmet was at home, and expressed some apprehension; and in about three or four minutes I asked Mrs. Gillman to go down with me; she took the candle and went down into the room, and I went half way down stairs, she went down and opened the door, and as I stood on the stairs, I could see the drawers were open; I said, dear me, the woman is robbed; there seems nothing in her drawers; I begged her to bolt the street-door, which we did, and we went up stairs together.

To Mrs. Gillman. Was there any fire in the room when you went in? - No.

Was there any light? - No.

Did you hear any noise about Mrs. Allmet's door when you came down? - No.


I am a constable of Shoreditch, but I attend Mr. Wilmot's office; on the first of February (Sunday night) I in company with Harpur, Shakeshaft, Lucie and Weaver, all officers, went to a room up one pair of stairs in Clement's-lane, (I do not know the number nor who keeps it) when we went into the room, the first person I saw was Samuel Houghton and a woman; we secured them; then three of the officers were left in the room, and me and Weaver went and stood at the foot of the stairs in the dark, it was in the evening, about eight or nine, we stood rather aside in a dark nook, I observed the stature of two people pass up the staircase, there was no light at all; I desired Weaver the moment he observed me move, or any body to go up stairs, to go immediately and bolt the street-door; as soon as I heard the lock or latch of the door we had been into turned, I went up stairs softly, I followed the two men up stairs, but went slowly after them, I heard a wrestling in the room, I was then within three or four stairs of the top, then I heard a footstep turn on the stairs towards me to come down again, and I caught the person in my arms, which is the prisoner James Houghton , otherwise Jones; I then carried him into the room, when I came in I saw the prisoner Thorne in custody of the other officers; I then searched the prisoner James Houghton, and on him I found these nineteen skeleton keys, and this piece of crooked wire, and this piece of iron which is termed a pick-lock, in his coat-pocket. This box which contains a liquid, I found in his waistcoat pocket, in it were some matches which appeared to have been used, and some not used, one we tried at the moment it was blown and produced a light, (lights a match with it) it is is in the same state now as it was when we found it; I don't recollect now whether it was in his waistcoat or breeches pocket, I put my name on it, and the name of the other officer


"and Lucie, 1st of February, 1789." This prayer-book (producing it) I found in the drawer in the room; the other prisoners were searched, but I took most notice of James Houghton , whom I had; I asked him whose prayer-book it was, he said it was his; the three men and the woman were secured, and taken that night to New Prison. I took this stick (producing a very large oak stick) from the prisoner James Houghton .


I am headborough and one of the officers belonging to Mr. Wilmot's; I with Armstrong, Harpur, Lucie and Weaver, went on Sunday night the 1st of February, to a house in Clement's-lane, it was about eight o'clock, we went up one pair of stairs, there we found Samuel Houghton , a woman, and a child; we secured the woman and the man, and then we looked round the room, and I knew the goods were in the room, we searched the room, and Lucie, in my presence, found a crow, and some keys in a closet; there was a hollow under the floor, they were found there; Lucie has the crow and the keys; after that Harpur, me and Lucie staid in the room, and Weaver and Armstrong went down stairs; after we had been there about half an hour, or three quarters of an hour, Thorne opens the door, we had a light in the room, he started back, we catched hold of him, and pulled him into the room, we were waiting for any body that came in, and as soon as we heard the latch we pulled him in, then Armstrong brought James Houghton into the room, and I saw Armstrong pull some keys from his pocket, this bag I took from round Thorne, tied round him like an apron, a very large brown bag; we secured the prisoners and the woman, and brought them all away; we asked about the goods in the room, and James Houghton owned the room to be his; we asked when all were in the room together who the room belonged to, and James Houghton made answer it was his place, and all belonged to me, it is enough for one of us to go; James Houghton tried to lock the door at going out, but he was

handcuffed with the others; the key was in the lock, and James Houghton said it is a very bad lock, and desired me to lock it; I locked the door, and gave James Houghton the key; we took, I believe, a gown and some sheets away; Armstrong took, I believe, a prayer-book away with him, it was in the drawers, we did not search the room minutely; then James Houghton desired him not to take it, he said it was his book, that he had it for three-months. The gowns were delivered up, they do not relate to the present charge; Thorne, as soon as we had secured him in the room, a hat he had on when he came in, he left, and took another, it hung up upon a nail, he said that was his hat, it was a good hat; on the Monday night I read an advertisement, and in consequence of that advertisement, me, and I think Lucie and Weaver, went to Mrs. Allmet's on Tuesday; I went to the gaol and got the key from the prisoner James Houghton , and then took Mrs. Allmet to the room; I had never been near the room between the time I took them away and that time; I unlocked the door in her presence with the key that James Houghton gave me; in searching the drawers, the first thing Mrs. Allmet claimed, was part of a cap; we had looked over the drawers, but we did not think there was any thing that was stolen there; she was very much flurried, and she says, this is mine, and says she, I have lost another of the same sort; we looked in another drawer, and there was another, and there was some new cloth which she had cut, out in a box in the room, it was linen cloth, and a pair of wristbands not finished; there was a child's sash; and a silk ribbon, and some black lace; I searched the room further, and in a paper comb-case, I found this silver stock-buckle set with stones, and a ring broke to pieces; it is a ring that has had stones in it, but they are all out, the ring is jeweller's gold; Lucie was not with me when we went to Mrs. Allmet's, I took the crows with me that were found on Thorne by Lucie, which he gave me in the room, and I delivered them to him again, I tried the crows at Mrs. Almet's before I gave them to Lucie again; I went to Mrs. Allmet's room, I think either Wednesday or Thursday the crows apparently matched with the place where the indent was made in the drawers; I tried them before Mrs. Allmet; these are the crows found upon Thorne; they are not a common sort of crow, they are small pocket crows; I do not remember ever have seen above one such before in my life; they are about six or seven inches; crows mostly run large, about a foot and a half. At the time we were in the room, Mrs. Almet says, I have lost a prayer-book, she said it was almost a new one, and that she should know it again; for where she had teached the children their catechise, there were the marks of her thumbs, she see the book when she came before the magistrate; the woman was discharged at the request of the prisoners; Houghton said she only came to nurse the child.

Court. Did one of the crows match to some of the marks, and others to the other marks; or did they all match to one mark? - One of the drawers that is here matches exactly, and several of them I tried there; there is the picked point where they put in the crow. I examined the door of Mrs. Allmet, there appeared marks of violence, as if by some instrument, but these crows did not match.


I went with Shakeshaft, Armstrong, Harpur, and Weaver, to a house in Clement's Lane; we went up into a one pair of stairs room, there were Samuel Houghton , and a woman in the room, we secured them, me, Harpur, and Shakeshaft remained in the room, and two officers below; after waiting some time I heard some persons coming up stairs; I stood behind the door; the prisoner Thorne opened the door, and came in first, I immediately caught him in my arms, and threw him on a bed in the room; I searched him, and in his coat pocket found these two crows in a bag, he had this stick in his hand (a large oak stick); while I had hold of him, Harput

took a dark lanthorn from him; I do not know I ever saw any crows so small as these; when James Houghton was brought in by Armstrong, Armstrong found a prayer book in the drawers; he asked him whose it was; he said it was his property, and all the things in the room were his; the prisoner Thorne had an old hat when he came in the room, which he exchanged for one that hung up in the room; we secured them that night, and on the Tuesday following we had information of the robbery of Mrs. Almet; Shakeshaft, and I went to New-Prison to James Houghton, he had taken the key with him when he went to prison; he gave us the key, and we went to Mrs. Almet's house, and she went with us that afternoon to the room in Clement's Lane, there was me, Shakeshaft, and Weaver; among a number of other articles Mrs. Almet picked out these things, and claimed them as her property; I had not been near the room from the time we secured the prisoners till the time we went to Mrs. Almat's, and I found the door locked and secured in the same manner as it was when we brought away the prisoners; the crows were found on Thorne, I gave them to James Shakeshaft ; I did not see him try them, he gave them to me back, and I have had them ever since; these keys, and this large crow, I found on the Sunday evening, at the time when Samuel Houghton and the woman was in the room, before the other prisoners came up; the large crow and bunch of keys were concealed under the floor in a closet, they have not to my knowledge been made any trial of (shewn to the Jury) there was a chest of drawers and bureau in Mrs. Almet's room, which appeared to be much broke, and which I tried these crows with on Monday last, and what one did not fit the other did, they were the two crows found on Thorne; Mrs. Almat was present.

A drawer belonging to the chest of drawers produced to the Jury, and fitted with one of the crows.


I was with the other officers in Clement's Lane; I produce this dark lanthorn, and a candle in it, which I found in the prisoner Thorne's pocket.

(Shewn to the Jury.)

Mrs. Almet deposes to a sprigg'd muslin cap, worked. I worked it myself, it is mine; I have a piece the fellow to it in my pocket; I cannot take upon me justly to say which cap, they are both alike; I knew that I had the two caps before the robbery, one of them I had on the night before.

If you have the least doubt whether they are your's or not, you ought to express it? - I have not the least doubt, here is the border which was on my cap, turned down in the top the same as my cap, but only the edging is torn off, one cap is torn to pieces, and made up again, this is the same as I had cut it out, only torn to pieces; there is the head-piece, this is the caul, they were whole when I lost them, and both with edging on; this is a piece of Irish cloth that I bought on the Wednesday before I was robbed, at the Air Balloon; I sit down after school hours, and cut a piece to make sleeves for a shift, and I stitched a pair of wristbands, which are here; I took a piece of the whole width of the cloth, and I cut a pair of sleeves, here is the piece where I cut my wristbands off, and a pair of gussets for the shift sleeves, which if it is measured I dare say you will find here if it is not cut, this is the piece of cloth where I cut the wristbands off.

Do you know your own work on the waistbands? - Yes, they are my work; these wristbands are the same work, but they have been cut since.

A stock buckle produced.

I had such a one, but cannot swear positively to it, it is very like it.

A prayer-book produced.

I lost a prayer-book; I keep a school, and teach my children their catechism, and

by the marks of my thumb, there, it appears to be mine.

Jury. Did you tell the officers before you saw this book that you should know it by those marks? - I did, by the marks of my thumb I said I should know it again; I did not see the book from the time I lost it 'till I saw it at Mr. Wilmot's office.

Court. What coloured binding was your prayer-book? - I cannot say, I had not taken so much notice; the prayer-book I lost appears such a one, and the same coloured leather.

Court. Your things were all lost at the same time? - Yes.

What might be the value of all the things you lost, at that time, at a moderate calculation? - About 5 l.

When you went out this Thursday evening had you any fire in your room? - No, none at all.

You never found your watch again? -


I am a young man that have been brought up to sea; the other prisoner is my brother; since I have been from sea I have lived at publick houses to draw beer, and when I was out of place I generally applied to my brother James for lodging and victuals; I know nothing of the matter; I only happened to be in my brother's room; when these gentlemen came in I did not know what they wanted; I had been doing of nothing, and had nothing about me.


As I was coming along Holborn Hill that Sunday night; I met the prisoner James Houghton , he gave me the things that were found on me to hold for him while he went up to an acquaintance; when he came down, he asked me to go with him, and have a bit of supper; I went with him, and when I got into the room Harper the officer knocked me down, and cut my head in this manner with a stick; James Houghton told me, that when I came into the room he would let me have a hat, which was better than my own reasonable, it hung in the room, and he pointed to it, and I took it.


My Lord. I am a child's pump-maker; I make up my own goods, and go into the country to sell them; sometimes I am gone for the space of three or four weeks, and in the course of that time I used to leave my key with a shoemaker, and he used to pay me 18 d. a week towards paying the rent; this prayer-book which the gentlewoman pretends to swear to, an aunt of mine who used to keep a school in Charles Court a great many years, she died lately, and left me a trifle of money and that prayer-book; I don't know, but in the course of this time, while I was out selling things, this man might bring in the other things, but the prayer-book I own to be my own; my brother very seldom was at home with me, but when he was out of place; he has lived in a great many good places.


I am clerk to Mr. Owen, confectioner; in New Bond-street; I keep the house in Clement's-lane, where the two Houghtons lodged in; I never saw Thorne before today in my life; I have two houses in Clement's-lane; I don't live in the same house myself; I came here by having been supoena'd; I know nothing of Thorne's having any thing to do with that room.

Jury. He might have been there frequently, and you not have seen him? - He might.

Court. Who did you let this room to? - My wife let it to James Houghton.

How long had he taken it? - About a fortnight before he was taken.

At what rent did you let it? - Three shillings a week.

Who paid the rent? - James Houghton paid the rent once, he did pay his rent.

Is the house all let out? - It is let out in

different tenements; but this room only to James Houghton .



GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Baron THOMSON.

25th February 1789
Reference Numbert17890225-18

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199. JOHN MOORE was indicted for stealing on the 26th of January , a silk handkerchief, value 1 s. the property of Joseph Sanders .


On the 26th of January, about a quarter after three in the afternoon on London Bridge , I felt the prisoner's hand in my pocket; I turned round, he was close to me, and looked me in the face; I was doubtful whether I had lost any thing, but upon feeling I missed my handkerchief; I took him by the arm, and he was tucking it under his waistcoat; he begged I would let him go; I secured him, and he was taken before the magistrate.


Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-19
VerdictGuilty > lesser offence

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200. SAMUEL COZENS was indicted for stealing, on the 9th of February , a card of black lace, value 20 s. the property of George Griffiths , privily in his shop .


I live at No. 7, Houndsditch , on Monday the 9th of February, I was at dinner; a bell is hung in the room where I was at dinner, the pull of which was in the shop; I went up stairs, and found my man had hold of the collar of a boy, which is the prisoner; he told me he had taken some lace; I went for a constable, and took him before the Lord Mayor, and he was committed.


On Monday about one o'clock, the prisoner came into Mr. Griffiths's shop, and while I was busied with a lady, he drew back the sash, and took out a piece of lace; I did not see him do it, but I heard the noise of the sash, and when I came there I missed the lace; I went up to the prisoner, and asked him what he wanted, and I discovered the card of lace under his coat; I took him by the collar, there was another that came in with him, but he made off; I suppose the prisoner to be the man that took the lace, for the other was on the other side of the shop.


I went into the shop to buy a pair of stockings; I heard something knock against the window, and I went out, and there I picked up the lace, and I brought it in, and came to the compter, and he took me by the collar.

Court to Johnson. Is that true? - Somebody did knock against the window, but the prisoner never went out.

(The lace deposed to by Griffiths and Johnson.)

Johnson. When Mr. Griffiths came up into the shop, the prisoner went on his knees, and offered to give him all the money he had if he would let him go free.

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

GUILTY, Of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-20
VerdictNot Guilty

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201. ROBERT ROSE , and THOMAS JOHNSON alias PARSONS , were indicted for feloniously assaulting John Bell , on the 28th of January , on the King's highway, and putting him in fear, and taking from him a linen shirt, value 3 s. a pair of boy's leather shoes, value 1 s. a linen handkerchief, value 6 d. one cambrick neck handkerchief, value 6 d. and a pair of stockings, value 6 d. the property of William Brown .

There being no competent witnesses, the prisoners were ACQUITTED .

Tried by the London Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-21
VerdictNot Guilty > fault

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202. JAMES BLOWER was indicted for feloniously assaulting William Aldridge , on the King's highway, on the 30th of January last, and putting him in fear, and feloniously taking from his person, and against his will, six cut glass crewets, with gilt letters therein, value 15 s. and ten ditto, value 17 s. 6 d. the property of George Blakeway and John Hodsdon .


I am an errand-boy to Messrs. Blakeway and Hodsdon, they live by the Adelphi, in the Strand, No. 71, they are glass cutters ; I was coming by on the 30th of January; about half past eight o'clock at night, I was going to Jewin's-court, Jewin's-street, Aldersgate, with sixteen crewets, they were on my head; as I was going by the sign of the Jack-of-Newbury, Long-lane, Smithfield, a young man took hold of my hand, and pulled me into the tap-room by force through a great many men that were standing there; I ran through to the back passage that led into the bar; there was a maid servant in the passage; a gentlewoman in the bar appeared to be ill, she was hanging her head and arm on the table, there was nobody else near there; I told her I thought there were some men in the tap-room going to rob me; she told the maid to see if anybody was at the door that I might go out with safety; she said, nobody was at the door; I followed the maid out of doors for safety, and ran on the same side of the way towards Aldersgate-street , and two men followed me; I then had my basket on my arm; one of them pushed me down, and stopt my mouth; and the other took a bundle of crewets, and ran across the road with them; the basket was then on my arm; I endeavoured to prevent it, and hallooed out for assistance as soon as I could, and I ran into a sheep's head shop, that they might not take any thing else from me; it was about half past eight o'clock in the evening; I could see them to distinguish them very plain; a girl that was coming by said, the name of one of them was James Blower ; and the young man that lived in the sheep's head shop came home with me to my master; I saw James Blower since, he was examined at Guildhall; the man at the sheep's head shop said he knew him by name, and asked my master's leave to charge him with the patroles when he saw him; he did so, and I saw him the next morning, when he was taken and brought into the Castle publick-house.

Court. Look at the prisoner? - (Looks at him, and points him out); I am sure that is the man; I am positive of it; the girl that told me his name, said she saw him go along with the things, she was the first person that told me the prisoner's name.

Court. Was there anybody by when he took you by the hand? - No, there was nobody.

Did he drag you in by force? - He did, into the tap-room, and I said my nose bled that I might get away from them.

Did not the maid, or the mistress, go or send after the men? - No, Sir.

How many of the crewets did they take? Seventeen; they left some silver salts in the baskets which they did not take.

Prisoner. Was I the person that pulled you into the house? - No, you was not, the other man that knocked me down pulled me in, you ran away with the things.


I am in partnership with John Hodsdon , we are glass-cutters in the Strand. It appearing in this stage of the trial, that the name of "Hodsdon" was spelt "Hodsdons" in the indictment, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. Justice GROSE.

Ordered by the Court to be detained to be tried on a fresh indictment.

25th February 1789
Reference Numbert17890225-22
VerdictNot Guilty

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203. MARY FLANNAGAN and ELIZABETH FLANNAGAN were indicted for stealing on the 28th of January , 4 cotton shawls, value 9 s. the property of Thomas Faulding .


My shop is in Coventry-street, St. James's , on the 28th of January the two prisoners at the bar came to my shop, it was about six o'clock in the evening, and they desired to look at some cotton shawls, my man shewed them some; I had a suspicion of them, and I watched them, and I saw the youngest one take up one piece of shawls, and put it under her cloak; I stopt a little to see whether they would buy any thing, they did not; and as they were going out I stopt them, and took them up stairs into a shop above; my man came up, and I told him to go down, and get, an officer from Bow-street, and to send up the servant-maid; the goods were pickt up afterwards on the stairs; John Richardson pickt up the shawls; there was nothing more found on them, but the officer found three shawls afterwards.

Court. Did you keep any shawls in the room above stairs? - We had kept shawls up stairs: I know nothing further of my own knowledge.


When Mr. Faulding discovered they had got the shawls, he desired me to light them up stairs; I did, and in coming down I picked up the shawl, I sent up the servant maid by Mr. Faulding's desire; occasionally we had kept shawls in the upper shop, but I do not believe these were ever there.


The two prisoners came into the shop, and Mr. Faulding suspecting them to have robbed him, desired them to shew what they had got; they said they had nothing, they were taken up stairs, an officer was sent for, and Richardson in coming down stairs, picked up three shawls in my presence, I remembers shewing those shawls to the prisoners.


On the 28th of January I was sent for, I searched one of the prisoners, and in the room just where they stood, I picked up three shawls.

(Deposed to by Sunnings.)


I went into the shop with my sister to look at a shawl, the gentleman took a deal of linen up stairs, and afterwards they said we had taken something; they took us up stairs and examined me and found nothing, and then they searched my little sister, and found nothing, and they sent for a constable, and took us up.


Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-23
VerdictNot Guilty

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204. ANN HOLT was indicted for stealing, on the 18th of February , a silver watch, value 20 s. one guinea, and half a guinea, and three half crowns , the property of Thomas Pratt .


I was going up Holborn on Tuesday, the night before last, the 18th, the prisoner asked me to give her a glass of gin, it was near Dean-street; I did, there was another young woman with her, we went to the public-house at the corner, I had never seen them before; then they induced me to go home with them, we went home then to Cross-street, Newtoners-lane , and they wanted me to send for supper, they fetched what they wanted; after supper we agreed to go to bed, I went to bed first, and the little one was to lay on the side; the prisoner did not come to bed for some time, she came in about ten minutes or a quarter of an hour, and she laid down for about as much time; when she got up and went out of the room, I missed my watch and money, and I suspected her, and I looked for it, I had the watch and money in my breeches, which I put under my bolster, I had a guinea and a half and three half crowns, I felt I had that money when I wound my watch up before I went to bed, I was as sober as I am now when I first saw them, and sober when I went to bed; we had a glass of gin apiece at the public-house before we went home, and then when we went home we had a glass of shrub apiece and a pot of porter; I dressed myself when I missed my things, and the other girl wanted to go out, but I stopped her till the watchman came, and took her to the watch-house, he came in, and we went both together; I never saw the prisoner till the Saturday after, when I saw her at Justice Walker's; my watch was never found; I described her to the constable, and she was taken up the next day, and I was ordered to meet on the Saturday; I am positive to the prisoner, I am certain it could not be the other girl, because we were together.

Court. What are you? - A day working man.


I never was with the man any where, nor had his watch or money; I had met him in Holborn, he was drinking with some girls, and he asked me to drink, and I drank a glass of raspberry.


I apprehended the prisoner and two others on the information of the prosecutor; he said before the Justice that he was very much in liquor.


Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-24

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205. AMELIA MORLEY , alias AMIE LOVEL , was indicted for stealing, on the 3d of February , one muff, value 18 s. and one tippet, value 5 s. the property of Daniel Bumstead .


I know nothing but that the property is mine.


The prisoner came to our shop the 3d of February, between seven and eight o'clock in the evening to buy a muff and tippet; she agred for the price I asked, and desired me to send the servant with it to No. 4, I forget the name of the building, she went with our man, she did not pay for them.

Mr. Garrow, Prisoner's Counsel. This is a milliner's shop? - Yes.

Who keeps it? - My father keeps it for me and my sister.

Does he stand to losses? - Yes, he buys every thing, and stands to all losses.

Then your income does not depend on that? - No.


I am porter to Mr. Bumstead, I went with the prisoner to the White Bear in Kingsland-road , she took me there by my master's desire; she took the muff and tippet from me there, under pretence of bringing me the money down in four or five minutes, I never saw her any more.

Did your master give you orders? - Yes, in the prisoner's presence, it was to go along with the prisoner, and I was to receive the money, and I was not to deliver the muff or tippet without it; I thought she was only going up stairs, she said she was going to shew them to her mother, that she should not be two or three minutes; I did not see her after till the next Friday, when she was taken just by my master's house, my master's son saw her first, and he knew her directly, I am sure she is the same person, I observed her by the candle-light.

Court to Miss Bumstead. Are you quite sure as to the person of the prisoner? - Quite sure.

Mr. Garrow to Nicolls. Which way was the prisoner going when you first saw her? - Towards Shoreditch, she would have passed my master's shop, she was past it when I saw her.

When you delivered her the muff and tippet in Kingsland-road, how long did she desire you wait? - Four or five minutes.

How long did you wait? - I believe about four or five minutes.

Did she say who she was to shew it to? - She told me she was going to shew it to her mother.

Did you leave the bill with her? - I did not.

This young woman was walking with a young man when you took her? - She was Sir.


I am an officer, and took charge of the prisoner, I was sent for by Mr. Bumstead.

Mr. Bumstead. I apprehended her, she was passing my door, and from what my daughter told my son, the prisoner was brought in by my son, I immediately called my daughter and the porter, and they both knew her; I told her if she would make confession, and tell us where the things were, we would proceed no further; they were never found afterwards.

Nicolls. I saw her in the street before she was brought in, I knew her directly, she did not object to coming into the shop; the shop where she was brought into is not the shop where she bought the muff, my master has two shops, the shop is just opposite, it is a little further on; the young man was taken with her but discharged.

The prisoner called five witnesses, most of whom had known her from her infancy, and gave her a very good character.


Imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

N. B. When this prisoner received sentence, her father thus addressed the Court:

"My Lord, my name is Lovell: I am

"wanting in words to thank your lordship;

"God bless you!"

25th February 1789
Reference Numbert17890225-25

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206. JOSEPH MORDECAI and THOMAS HOMER were indicted for stealing, on the 20th day of February , 478 lb. weight of lead, value 40 s. the property of John Dyer , affixed to a certain house of his, against the statute .

JOHN DYER sworn.

I live in Gravel-lane, Houndsditch , the lead was lost from an uninhabited house opposite to me, I was disturbed by the watchman between four and five o'clock in the morning of last Friday the 20th, I saw part of the lead was safe on the Thursday the day before; I have lost between seven and eight hundred pounds weight within this month back; I cannot say that the whole of the lead was there on the Thursday.


I am a watchman; on Friday morning I was crying the hour of four; I knock at the gate every hour, I was knocking, I

perceived the gate give way; it was the empty house opposite Mr. Dyer; I went to the watch-house and got two officers to my assistance; we came back, and we all three kicked against the gate, and we found that the earth was drove under the gate, and I looked and I saw a man's face within side, he was pushing against us, both the prisoners run from the gates, and they flew open, and we found the lead; the prisoners run into the buildings, and hid themselves, we searched up and down, and I found one of the prisoners (Homer) behind a wheelbarrow of bricks, he was squatted down, and this cutlass stood by the side of him, betwixt the wall and the barrow (producing a cutlass); I called for Withers, who is here, to hold him, and the other prisoner lay betwixt the barrow handles and this cutlass underneath him on the ground, we took them both to the watch-house, and they were afterwards committed; the lead weights 4 cwt. 1 qr. 1 lb. the lead was up in rolls on the ground ready to carry away, there were about six or seven pieces, it looked fresh cut; after the prisoners were secured, we went to see from whence the lead was missing, we found it was missing from the top of the house, a place where they dry clothes; there was some pipe-lead; I did not compare either to see whether they would correspond; but I do not think it was taken from the building, because when I went my round at three, the gates were all fast; the prisoners are the same men we took.


I am a constable, the last witness fetched me to his assistance, we shoved against the gates, and he said he saw a man, and we pursued and took the two prisoners as described by the last witness, with cutlasses; the load was found in the yard, near the gate, it appeared newly cut, I have compared both the pipe lead and the flat lead, and they entirely correspond, it was the next day I compared it; the watchman took the lead into Mr. Dyer's house, I am sure it is the same lead.

Mr. Dyer. The constable made a mistake, we did not compare it till the Wednesday after, the lead was lost to my house on the Friday before; Withers maked it after we had compared it.


Last Thursday was a week we went to a drinking club, and we were very much in liquor, and coming along we saw the gates open, and we went in, and that there gentlemen came and knocked at the gates, and he said, thieves; and we were afraid of that, and we run away.


That is the truth my Lord.

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


Transported for seven years .

Tried by the London Jury, before Mr. ROSE.

25th February 1789
Reference Numbert17890225-26
SentenceCorporal > whipping

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207. JOHN LEEKIE was indicted, for stealing, on the 10th of February a leather tanned hyde, value 40 s. the property of Edward Beale , the elder .

EDWARD BEALE , the Younger, sworn.

My father lost a tanned hyde, from Leaden Hall Market , on the 10th of February, Tuesday, it was about seven o'clock in the evening.


I am a warehousekeeper at Leaden Hall, I was coming across the market, on Tuesday evening about seven, I saw a person in the market with a hyde on his head, I asked him who he belonged to; he said to the owner of the hydes; I asked him who that was; he said he did not know; I asked him where he was going to carry it; and he could not tell me; he then said the

person that employed him was at the Red Lion, I took him to the Red Lion, and I was advised to charge a constable with him, which I did; the hyde was afterwards put in Mr. Beale's warehouse; there were no other hydes in the public house; I saw the prisoner take it from the parcel of hydes, the parcel belonged to Mr. Halloway, but Mr. Beale takes care of them; Mr. Halloway carts them; I saw the name Halloway on the hyde, I did not then put any mark on it, it was rolled up and put in the warehouse, and the others remained where they were, there was no other rolled up in the warehouse.

(The hyde produced and deposed to.)

It is only the top hyde of the parcel that is marked, and I believe it to be the same hyde.


I am a porter in the market, I saw the prisoner in the public house where my master, Mr. Beale, pays me; there were ten hydes in the market that day, and I moved them from the middle of the market to my master's door under cover, there was the name Halloway and ten marked on the top one; I then went to the Red Lion, and in about ten minutes Mr. Osborne brought the prisoner in, and said he had stole a hyde; I am sure the hyde was one of those that my master had under his care.

Beale the younger. Merrick worked for us; I transact the business for my father, he receives the profit of it, we are paid for warehouse room, and for carrying the hydes home; I am sure we had a hyde that day marked Halloway, I saw it myself that day at six o'clock in the middle of the market, and afterwards, when it was removed to the warehouse door.


I had been drinking a pint of beer with a shipmate, and I thought that was a place where I could case myself, and I was buttoning up my trowsers, and my head touched the ladder that was standing by the hydes, and they came and said I was going to steal the leather.

Osborne. The hyde was on his head, and he threw it down.


Whipped .

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-27
SentenceCorporal > whipping

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208. MICHAEL JONES was indicted, for stealing on the 24th of February , an iron stove, value 5 s. the property of Joseph Greaves .


I live in Fleet Market , on the 24th of February, I lost the stove from my shop door, while we were at dinner, Mr. Colley came into the shop and he beckoned to me; I came out of the parlour, he asked me if I had a bath stove at the door, I said yes, I looked at the door and I missed the stove, he said he believed he could shew me the thief, we went up Stone Cutter Street, and there we found him with the property on his shoulder; I took him by the arm, and he seemed alarmed, I told him to bring it back, and he brought it back to my shop to the place from whence it was taken, I know it to be mine from the mark F. B. E. on the back of it in chalk.


I live in Fleet Market, I saw the prisoner walking along with the stove in his arms, he walked with it so for about eight or ten yards, and he then listed it up on his shoulder and walked pretty fast with it, I informed the prosecutor, and he went after him, and he was taken.


I am the constable, I took charge of the prisoner.


I am a porter , I was in the market, and a gentleman came, and said will you earn a shilling? I said yes; and he came to the shop, and said that is the stove, you are to

take it to the White Lion in St. Giles's; I took it up and that gentleman came and said you are to bring it back again; I said with all my heart, and I brought it back again.


Whipped .

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-28
VerdictNot Guilty

Related Material

209. JOHN KEMP was indicted, for stealing, on the 27th of January , a cotton handkerchief, value 10 d. the goods of Samuel Laurence .


I am a journeyman carpenter , on the 27th of January, I lost my handkerchief, I believe it was Tuesday, about two o'clock, I missed it in St. Paul's Church Yard , I did not see him take it, I cannot swear to it, I believe it is a silk one, I do not rightly know what you call it, I believe it is mine.


I am a constable; coming through Cheapside, I saw the prisoner take this handkerchief out of the prosecutor's coat pocket; I went up to the prosecutor, and asked him, if he had lost any thing; he said he believed he had lost a handkerchief; I said come along with me; and I took the prisoner, and carried him before the Alderman.


I saw it lay down, and I picked it up; I thought I had as much right to it as any body else.


Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-29
VerdictGuilty > with recommendation
SentenceCorporal > whipping

Related Material

210. WILLIAM CLAVE was indicted, for stealing on the 5th of February , an iron vice, value 7 s. two iron shovels, with wooden handles, value 4 s. an iron plough coulter, value 2 s. a gardner's iron reel, value 2 s. and 50 yards of twine, value 6 d. the property of Robert Edmunds .


I am a farmer and gardner at Deptford ; I lost the things in the indictment from out of my yard; I did not lose the things till after they were taken from the prisoner.


I saw the prisoner coming along on Tuesday morning; it was at Billingsgate, a little after one o'clock; I stopt him with a sack, and the things mentioned in the indictment were in it; I took him to the watch-house.


About half past one o'clock on Tuesday morning, the 10th of February, the watchman Hazle brought the prisoner to the watch-house door; the prisoner said he brought the things from Gravesend; I looked at the things, and I found the name of Edmunds on the coulter; from that circumstance I enquired, and found that they belonged to the prosecutor; I have had the things ever since.

(The things produced, and deposed to.)


I went to Willington in Kent to work, and coming home, just through Deptford, I picked them up; and I asked the turnpike man if he knew any body had lost them; coming through Billingsgate I was stopt with them, and they took me up; I have a family of five children.

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


Whipped .

(Recommended by the Jury.)

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-30
SentenceCorporal > whipping; Imprisonment

Related Material

211. DENNIS MINOR was indicted for stealing, on the 10th of February , two cloth coats, value 10 s. the property of John Gould .

The prosecutor took the prisoner in his stable with the coats in a basket.


I found the basket by the door.


Whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-31
SentenceCorporal > whipping

Related Material

212. WILLIAM GRANT was indicted for feloniously stealing, on the 31st of January , an oval swing dressing-glass, value 20 s. the property of William Forbes .


I am a cabinet-maker ; I live at No. 55, Tottenham-Court Road ; I lost the glass from my shop.


I am a green-grocer; on Saturday the 3d of January last, between 11 and 12 in the forenoon; I was standing at my door; I saw the prisoner go into Mr. Forbes's shop, he staid there about a minute and a half, and he brought out this dressing-glass with him; he went by me with the glass; I went into the shop, and asked Mrs. Forbes, if she had let any body have a glass? she said she had not; I pursued him, and took him with the glass on him, and he was committed; the glass was delivered to the constable.


I am a constable; I received this glass from Mr. Forbes; I have had it ever since; the prosecutor marked it.

(The glass deposed to by the prosecutor.)

Prisoner. I have nothing to say.

GUILTY . Whipt .

Tried by the second Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-32
SentenceCorporal > whipping

Related Material

213. WILLIAM COLLINS was indicted for stealing, on the 10th of February , one woollen blanket, value 4 s. the property of Paul Postern .

The prisoner was taken with the blanket upon him.


Whipped .

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-33

Related Material

214. HENRY HALES and AARON WRIGHT were indicted, for stealing, on the 28th day of January , sixty pounds weight of lead, the property of the churchwardens of St. Dunstan, Stebonheath alias Stepney , affixed to the parish church of the said parish .


I am churchwarden of the Hamlet of Mile End Old Town; the parish of St. Dunstan is divided into four hamlets, and there is a churchwarden of each hamlet; Mr. Thomas Taylor is for another hamlet, and Mr. - Hitch for another, Mr. Henry Eyre is for the fourth (Mile End New Town.)

How is the vestry repaired? - At the expence of the parish at large. On the 28th of January one Turner gave me information of the loss of the lead.


I live at Stepney, I am a mariner, on the 28th of January between eight and nine at night, I came past Stepney church, I thought I heard a noise and I went into the church yard, there was a light at the top of the church; I went to a corner of the church, and I heard Mathews the grave digger say here they are, we then went to the top of the church through the steeple, and I saw the two prisoners on the top of the vestry in the gutter.


I was coming through the church yard on the 28th between eight and nine, and I heard an uncommon noise as if bricks were falling; I went to the watchman, and he came, and just as we came, we saw bricks and mortar falling, Gardner and the other man Mathews, I left to look out; I went to get a pistol, which I did, and then Mathews went and got the keys of the church, we went up to the top, and we saw the prisoners lying in the gutter; we secured them, and took them to the watch-house; the next day I went to see where the lead was cut from, and the tiles were taken from off the window, and the lead was ripped and turned from the window, I know no more about it.

Cross-examined by Mr. Peatt.

Did you know the persons of the prisoners? - No, I never saw them before.

Is the vestry high or low? - It is not high or low.

Can a person get up without a ladder? - No.

You did not watch in the church-yard all night? - No, the watchman did.

Have not you seen lead ripped or turned up by the wind? - Not in that manner.


I was with the last witness when he went up, I received information from the watchman, I went and got the keys, and when we got up to the top of the church, I saw the two prisoners lying in the gutter, and we took them and secured them.

Mr. Peatt. Did you find any thing on the prisoners when you took them, any tools or implements? - No.


I went with other people up to the top, and there I saw the two prisoners, I found a pair of pincers, and in the church-yard I found this bag; we secured the prisoners.


I know the christian name of Mr. Hitch, it is William.

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

The prisoner Hales called one witness to his character.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-34
SentenceCorporal > whipping; Imprisonment

Related Material

215. GEORGE SHIRLEY was indicted for stealing, on the 20th of January , a cloth coat, value 15 s. the property of William Windsor .


On Tuesday the 20th of January I was looking through the transparency at the door, between ten and eleven in the morning, I thought I saw a shade, and in about two minutes after, I was informed that the prisoner had taken the coat, I went out and took him within ten yards of the door, it was hanging outside; he was walking, he said he took it down to fit him; the coat is the property of William Windsor , I took him, and he was committed.


I took the coat to look at, I was not above two yards from the door, it was hanging outside.

Court to Sowerby. What did he say to you when you laid hold of him? - He said he took it down to look.

Was he standing or walking? - Walking with the coat under his arm.

The prisoner called one witness to his character.


Whipped , and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-35
VerdictNot Guilty > no prosecutor

Related Material

216. DOROTHY, the wife of MICHAEL ALLEN , was indicted for burglariously and feloniously breaking and entering the dwelling-house of Lucretias Smith , about the hour of three in the night, on the 30th of August last, and feloniously stealing therein, two linen handkerchiefs, value 2 s. one muslin handkerchief, value 2 s. one muslin laced cap, value 2 s. and three half guineas, value 1 l. 11 s. 6 d. the property of Lucretias Smith .

The prosecutrix called on her recognizance, but not appearing, her recognizance was ordered to be estreated, and the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-36

Related Material

217. THOMAS HUCKLES was indicted for stealing, on the 6th of February , a live pig, value 9 s. the property of Thomas Ireland .

The prisoner assisted the prosecutor to drive two pigs, and drove one away, and afterwards sold it to a Mr. Bowtell, at Islington, for 12 s. 6 d. and said it belonged to a Mr. Brown.

Mary Webb and John Pressey deposed to the prisoner's treating with Mr. Bowtell about the pig.


Mr. Ireland employed me to drive the two pigs to Hyde-Park Corner, it was quite dark, and they parted, and I lost one, and I took the other home to my lodging, but my landlady would not let me abide at home with the pig, so I sold it to Mr. Bowtell, thinking to see the gentleman the next market day, and to give him the money.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-37
VerdictGuilty; Not Guilty

Related Material

218. GEORGE ABSALEM and SAMUEL COULSTON were indicted for stealing, on the 23d of January last, two linen table-cloths, value 5 s. two sheets, value 6 s. four pair of stockings, value 12 s. the property of William Plaskett .


The things mentioned in the indictment I had to mangle; I lost them the 23d of January from a lower apartment; I did not see them taken; I saw them on the Tuesday after, between four and five, at Mr. Wilmot's office.

John and Ann Durant deposed to the property, which they had sent to mangle.


I found this property on the prisoners, on Friday night the 23d of January, in company with Armstrong and Harpur, in Playhouse-yard; we took the prisoner Absalem with a bundle; the things were advertised; the prisoners were both coming together, but were not arm in arm; I did not see them converse together.

Samuel Harper deposed to the same effect.

The Prisoner Coulston called two witnesses to his character.


Transported for seven years .


Tried by the second Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-38
VerdictsNot Guilty

Related Material

219. JAMES SUITER was indicted for feloniously assaulting John Christie on the King's highway, on the 17th of January , and putting him in fear, and feloniously taking from his person, and against his will, a metal watch, value 2 l. 2 s. a steel chain, value 5 s. a gold seal, value 20 s. a gold mourning ring, value 10 s. and half-a-crown, his property .

And ELIZABETH WILLIAMS , otherwise CORNWALL , was indicted for feloniously receiving, on the same day, the said gold mourning ring, part of the said goods, knowing the same to have been feloniously stolen .


I live in Westminster; I was going home from Charing-cross, about twenty minutes after nine, on the 17th of January, there was nobody in company with me; it was in St. Ann's Lane , about twenty yards before I got into Great Peter-street; I was knocked down by a person behind; when I was knocked down, my face was all cut by the stones in falling; I endeavoured

to get up, I was rather stunned; the prisoner at the bar came up to my assistance; I had not seen him before; he says, you have had a bad fall; he laid hold of my hand, and I felt him at the same time squeeze the ring off my left hand finger, he rather hurt me in pulling it off; it was an enamelled gold mourning ring; I felt my watch snatched out of my pocket; I saw no other person near me; I did not perceive the hand that took the watch; I was looking at his face, and was rather affrighted; the ring was on that hand he took hold of, when he said I had a bad fall; I said nothing to him; he asked me where I was going? I missed no other property; I felt my watch drawn out; I told him I was going to No. 11, New Peter-street; he pointed his hand, that is the way, up Great Peter-street; no more passed at that time; he left me, and I went home, I don't know which way he went; I afterwards missed half-a-crown and a shilling, directly after I parted with him, before I got home; the next day I was very bad, I did not go out at all; it was on a Saturday I was robbed; on Monday I went out, and I went round among the pawnbrokers; I found my ring at Mr. Brown's, pawnbroker, in Strutton-ground, Westminster; then I went and got a warrant against the woman that I understood had pawned it; he gave me her name, which he said was Cornwall; I went to the house where I was directed for her, with an officer, to No. 3, Duck-yard; when we went there, we found a woman of the same name, but it was not the prisoner; she went with us to the pawnbroker's; the pawnbroker said, that was not the woman; the woman said, it was one Williams, who had lived there but was gone; this woman said, she would meet us at six o'clock at night to go to some houses, where she thought we might find her, but before night I called, about two o'clock, at the constable's; I had not been in there above five minutes before I received a message; we went both together; I stood at the door, and the constable brought them both out; they were taken before the Justice, and examined; they were searched; I knew the man prisoner again, when he robbed me I observed he had a regimental waistcoat and breeches, but he had a brown great-coat on, he had a flapped hat on, the breeches and things were white, such as they commonly wear; when I saw him again he had on a red jacket, I saw him by the light of the lamp; I have seen the prisoner several times before; and I remembered that night to have seen him before; I had seen him on the Parade, and met him several times, but never had any acquaintance with him; I remembered that night to have seen such a face before on the Parade; I never was in his company, nor did I know where he lived, nor any thing about him; I never heard any thing of my watch.

Mr. Garrow, Prisoner's Council. What are you? - A carpenter.

Can you form any judgement how long you had lain on your back before the prisoner came to you? - Not a minute.

Was you completely stunned? - Yes.

So as to lose your senses for a moment? - For a moment I might.

You live in the neighbourhood of the Park? - Yes.

Does it happen to you to know, that when complaints are made against soldiers to the officer, they are mustered on the Parade? - I have heard it talked of, but have never been present.

You did not take any steps to find out the prisoner? - No, I did not, because I did not know where to find him; I should have applied, if I had not found them in such a short time.

How much of the Monday did you employ in going to the pawnbrokers? - It might be an hour; I was so ill on the Monday that I did not get out of bed till ten.

Did you swear to him positively on the 19th? - Yes.

Did you even swear positively to him on the 22d? Do not you know that at last he was only committed on suspicion, and is so

now; did you observe any thing else about this man at the time he robbed you? - When I looked up in his face I took notice of his eyes, he had very full eyes, rather a cast in his eyes.

The Jury will judge of that observation; it is just the reverse, Do you remember the cast in his eyes? - I do.

Did not it occur to you, Mr. Christie, as a man with a squint is an uncommon thing in a troop, that it would be mighty easy to find that man out on the Parade? - It did not.

Did you observe any thing else remarkable either about the man or his dress? - No, I did not, but very heavy eye-brows; I thought at the moment I saw him come out of the pawnbroker's, I could have positively sworn to him; the magistrate asked me, if I could swear that that was the man that knocked me down; I told him I could not; I told him it was the man that came to my assistance, and helped me up, and took off my ring; I have frequently seen the soldiers on the Parade, and seen the prisoner in a grenadier's cap.

The time, as nigh as you can fix it, was twenty minutes past nine. - It was.

Do you know, whether the man that took your ring had on any gaters on? - I cannot say I observed any.

Did the man who helped you up come in front of you, or behind? - No, he came in front, I saw no other person near me; I did not look behind; I could not see where he came from, he was standing close by me.


I am a pawnbroker, in Strutton Ground, Westminster; on Saturday night the 17th of January, about a quarter after eleven, the woman prisoner came to our shop, and brought a ring, she asked 5 s. on it; I asked her where she got it, and she was some time before she answered; she said she had it from James Suiter ; I did not know him; I told her I should keep it till the man came for it; she said, he was a soldier on duty at that time; I told her, when the man came for it he should have it again; I did not give her any money on it; she said she would bring him; and she went away; she come no more that night; I asked her her name, and where she lived; she gave me the name of Cornwall, No. 3, Duck Yard; I told her that was not her name, and she had better give me her right name.

Court. What made you tell her so? - Because I knew a girl of that name there, and I knew she was not the same; she gave me no other name that night: on Monday morning the 19th, about eight o'clock, Mr. Christie came to my house, and asked, if I had seen such things, which he said he had lost; he mentioned a watch, a gold seal, and a mourning ring with the name upon it; I shewed him the ring, and gave him directions where to go to find the woman, where she said she lived; they did not find here there; about two o'clock the same day (Monday) the two prisoners came to my shop, and she asked me for the ring, very well says I, what is this the man that belongs to it? He made answer, yes; he said he found it on the Parade; I had information in the morning, and I sent for a constable; I know no more; the constable and the prosecutor came directly: the ring was brought to me in the condition it now is, which made me think there was some force used to it.

(The ring produced, and deposed to by the Prosecutor.)

I know it by the name, James Baxter , died Nov. the 7th, 1788, aged 54; it is a ring I had for a particular friend but a few days before; the enamelling is all hammered out, it was perfect when I lost it; here is another of the same, made by the same goldsmith.

Mr. Garrow. Might not the appearance of this ring be occasioned by the trampling of the Parade? - No, it is not possible;

(The two rings handed to the Jury.)

One of the Jury. I wish to see the ring on the prosecutor.

(Puts it on, and it fitted.)

Prosecutor. The first time I went to Mr. Brown's, it might be before ten, I cannot positively swear to the time.

Court to Brown. What time in the morning, recollect now, as near as you can, did the prosecutor first come to you? - He was there before I came down stairs, and he called again which was about nine; the first time he came down he did not see the ring, he saw it before ten.

Court to Prosecutor. Did not you say that you laid in bed on Monday morning till ten? - It might be late.

Was you perfectly sober the night you was going out? - I was, I had been very much employed all day long till almost seven, I took out my watch when I came past Charing-cross, within two doors of Craig's-court, it was five minutes past, and I walked very fast to St. Ann's-lane, as fast as I could walk.

How many minutes walk is that? - At the rate that I walked, I am sure it could not be above ten or a dozen minutes.


I am a constable, I apprehended the prisoners on Monday, about two o'clock, I was sent for by Mr. Brown, and there I apprehended them.


I was on guard on Saturday the 17th, the girl came up to me at half past eleven, and told me she found a ring, and that she had been to Mr. Brown's to pawn it, and it had been stopped; I went with her on Monday to the pawnbroker's to assist her to get it.


I was going along to the the guard to see Suiter, and as I was going along past the Duke of York's house, on the Parade I met a young woman I knew, I stopt to speak to her, and I saw something glisten on the ground, I stooped to pick it up, and it was the ring, it was all over dirt, I wiped the dirt off, I did not know whether it was gold, I took it to Mr. Brown's to see, I asked 5 s. on it, and Mr. Brown stopt me, and I told him I had picked it up as I was going to the guard to Suitor; he asked me if I could fetch Suiter; I said no, it was too late, he was on guard, and I could not fetch him; he asked my name, I told him it was Elizabeth Williams ; he said it was not the name I used to pawn my things in. I said I used to pawn my own things in the name of Elizabeth Cornwall ; he asked me where I lived, I said I used to lodge at No. 3, in Duck-yard, but I had no particular lodgings then; from there I went up to the guard to James Suiter, he was centinel at the King's Stairs at St. James's, and I told him I had picked up a ring as I was coming along to the guard to him, and Mr. Brown had stopped it; I went to see if it was gold or no; it was very much damaged, I did not think it was gold.

For the Prisoner Suiter.

Serjeant JOHN NEIL sworn.

I am a serjeant in the Coldstream regiment, I have known the prisoner Suiter upwards of six years; he is a grenadier , I was on the same guard he was the 17th of January, which was the King's-guard at St. James's; he mounted that guard at ten o'clock that morning, and went off at ten on Sunday morning.

When did he go centinel? - At ten o'clock that same evening at St. James's; he answered the roll-call at nine that night, I called it myself, it was in the guard-room, Cleveland-row; I saw him under arms a quarter before ten; it is usual to inspect the grenadiers before they go, I did so a quarter before ten, I saw him him dressed in every particular proper to go centinel.

Explain the difference of a grenadier in the guards, from the other soldiers? - He had a cap on, and his hair platted behind, turned up under the cap, and a large braid very well powdered, it was powdered in the morning, he was in a proper dress to go on his duty, he had white gaters on.

Do you remember seeing him in the guard-room at any time between nine and the three quarters? - I might be about

eight minutes calling the roll, which consists of one hundred men; no man departs, or is suffered to go out before the roll is called over.

If the prisoner had been seen in any particular situation in the dress you saw him at the three quarters, do you think it would have escaped the observation of any body; particularly that braid? - No, Sir.

What is the distance from the guardroom to St. Ann's-lane? - I think, to the best of my calculation, it is a full English mile.

Supposing the prisoner to have undressed himself, and to have dressed himself again, so as to be under arms when you saw him, how long would that take him? - He could not put on his white gaters in less than ten minutes, they are very full of buttons, and very hard to put on; or to put on his cap and coat, it would have taken him a quarter of an hour, he can put on his cap himself, and clasp it behind; but it would take some time in doing it.

Now at the time you inspected, was he in any particular flurry, or did he appear to have run any considerable distance, or to be at all disordered in any manner? - He was not so much disordered as I am now.

From ten o'clock how long did he continue centinel? - Two hours.

He could not go off that? - No, he dare not.

Now do you think, that speaking on your oath, and speaking from caution, it was possible for the prisoner, from twenty minutes past nine, to have come from St. Ann's-lane, and to have equipped himself ready for his duty, in the condition you saw him by a quarter before ten? - I do not think that he could.

Now, Sir, as you was in the same regiment for six years, what has been his character as a soldier and a man? - I never knew or heard any thing against him, but being a clean soldier, and always punctual to his duty.

Did he bear the character of an honest man? - Very honest for any thing I ever heard of.

Who is his lieutenant-colonel? - Lord Cathcart, he came on the King's guard this morning, or I am very sure he would have appeared.

(The roll produced, dated 17th February, the prisoner was the third man.)


I am a private in the guards, I was on the same guard with the prisoner on the 17th of January; he was at the roll-call, I came down from the top guard-room to the lower guard-room, at nine in the evening, the prisoner was sitting in the corner by the fire; after roll-calling there was no place for me to sit, I stood by the fire till the relief turned out; at three quarters after nine, at which time he gave me his place; he was one of the relief, I sat down in his place, and he went centinel, I was talking with him most of the time, I am sure he never went out of the guard-room all that time, if he had gone out I should have had his place, for he promised me it when he went out.

Jury. We are perfectly satisfied.


Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-39

Related Material

220. WILLIAM MINCE was indicted for stealing, on the 6th of February , a glass jar, value 3 s. eight pounds and three quarters of hair powder, value 7 s. the property of James Salter and John Cox .

Mrs. Cox saw the prisoner take the jar, and he was taken immediately.


Transported for seven years .

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-40
VerdictNot Guilty

Related Material

221. ALEXANDER LEITH and JOHN DREW were indicted for that they not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, did commit and perpetrate with each other, that detestable and abominable crime not fit to be named among Christians, against the peace, &c .

The two witnesses contradicted one another; the evidence they gave being not fit for the public eye, Mr. Hodgson has declined publishing it.


Tried by the second Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-41

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222. WILLIAM JONES and LAWRENCE WYNN were indicted for stealing, on the 21st day of January , a loaf of sugar, value 5 s. the property of Catherine Hewer and Robert Floodgate .

James Hicks saw the prisoner Wynn take the loaf of sugar and give it to Jones.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-42
VerdictNot Guilty > fault

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223. JOHN BACKWAY was indicted for stealing, on the 20th of February , four pieces of sheet copper, value 12 s. the property of William Butler .

This copper appearing to be affixed to the dwelling-house, and being laid as the special property of the prosecutor, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-43
VerdictNot Guilty

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224. RICHARD HEDGER was indicted for stealing, on the 27th of January , two pieces of ash scantlings, value 5 s. the property of the Rev . Thomas Clarke .


Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-44

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225. PETER M'LAUGHLAN was indicted for stealing, on the 19th of February , a pair of sheets, value 5 s. two blankets, value 5 s. two cloth great coats, value 5 s. a bedgown, value 2 s. a coat, value 2 s. a pillow, value 6 d. and a pillow-case, value 6 d. the property of Edward Lennox .

The prisoner was taken at the parlour-door, having rolled up the things in a bundle; and John Miles , a lodger to the prosecutor, came down stairs, and found the prosecutor and the prisoner wrestling, and the things lay at the bottom of the stairs.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-45
VerdictNot Guilty

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226. ROBERT HOLMES was indicted, for that he, on the 28th of January last, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, a certain paper writing, purporting to be a promissory note for the payment of money, with the name of George Parry thereto subscribed, dated the 29th of September, 1788, whereby he promised to pay to the said Robert Holmes , or his order, 10 l. with intention to defraud the said George Parry .

A second count for publishing the same, with the like intention.

There were several other counts charging an intent to defraud other persons.

There being no other witness to prove Mr. Parry's hand-writing but himself, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-46

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227. FRANCIS COCK was indicted for stealing, on the 23d of January last, four Prince's metal candlesticks, value 10 s. a brass mortar, value 3 s. two brass pestles, value 2 s. the property of James Fleming .

The prisoner in company with another lad, was seen standing at Mr. Fleming's door, and the other lad took the things out of the window, and gave them to the prisoner, upon whom they were found directly.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-47

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228. JOSEPH NOTTING was indicted for stealing, on the 16th of February , a pair of corderoy breeches, value 9 s. the property of James Brown .

The prisoner was seen taking down the breeches from the prosecutor's door, and was taken directly; the breeches were found in a yard through which he had ran.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-48
VerdictGuilty > pleaded guilty

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229. MOSES COSTA was indicted for stealing, on the 26th day of February , thirty-six pounds weight of lead, value 6 s. belonging to William Baker , fixed to a certain building of his, against the statute .

The prisoner was taken coming down from the building, with the lead on his head.


I am guilty, I can say no more.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-49

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230. CATHERINE WOOD was indicted for stealing, on the 19th of January , three pair of cloth breeches, value 6 s. the property of Jane Fosgate , widow .

The prosecutrix saw the prisoner take down the breeches.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-50
VerdictNot Guilty

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231. WILLIAM FLOWER was indicted for stealing, on the 23d of January , a plated snaffle bridle with leather, value 10 s. the property of Willian Cowling .

(The case opened by Mr. Peatt.)


I work at Mr. Cotesworth's livery stables, the Dun Horse in the Borough; about a fortnight ago, or better, I purchased a bridle of the prisoner at his lodgings, I cannot say the day of the month; it might be about a fortnight ago; Mr. Cowling's servant employed me to endeavour to buy

a bridle of the prisoner; I went to him to a public-house near his lodgings, and I sent for him, he came to me: I asked him, and he said he would let me know in a day or two; he promised to meet me at the City of Bristol, Mint-street, on the Monday following; I went at the time, about seven or half after seven, and he was gone; I saw him on the Thursday following at his lodgings, No. 28. Joiner-street, the back of St. Thomas's hospital; I asked him what bridles he had to dispose of, and he shewed me one plated snaffle bridle; I told him my master had bought a young horse, and we wanted to try him, and we had not a snaffle bridle fit for him, and I wanted one; I went away, and the next night I went to his lodgings again, and agreed with him for the same bridle, I did not buy it; he said the price which he was to have was 3 s. 6 d. he said that he had it of a gentleman's servant who owed him 2 s. that he had given him 6 d. which made it half a crown, and that he only wanted a shilling profit; we agreed; and he helped me to fold it up, and put it in my left hand pocket; I took it immediately, and gave it to the prosecutor's servant; I did not pay him for it that night; we had something to drink. I know the bridle by a particular mark I can swear to.


I am the owner of the bridle; I delivered it at Cotesworth's stables with the horse in August last.


I bought a horse of a gentleman, and sent the prisoner at the bar for the horse, he went to Mr. Cotesworth's in the Borough for the horse, and brought him to me with a bridle and saddle on, which both belonged to Mr. Boad; they were delivered to my servants at my riding school, in Princes-street, Moorfields; I look upon it I am answerable to make good the damage; Mr. Collin ordered the prisoner to tell me to take care of it; it was brought to me the 23d of January; I cannot say I saw the bridle; the prisoner acknowledged he had brought it to me; there was no promises or threats used; his confession was taken down in writing, but it is not here.

Court. Then I cannot hear it.

JOHN BUTT sworn.

I am a constable belonging to the county of Surry; I apprehended the prisoner on Saturday night, and Mr. Cowling gave me this bridle into my possession; I said nothing to induce him to confess; I shewed the bridle to the prisoner; he said he had it from Mr. Cowling's stable to bring over into the Borough; and he said he did not steal it.

Was you present before the magistrates? - Yes.

Was what he said taken in writing? - - No; it was not.

Did the justice's clerk take what he said in writing? - No.

Mr. Cowling. I mistook.

John Butt . He said he took this bridle to Mr. Cowling, but he said he took it over into the Borough to return it again, he said he took it to be repaired.

Randall. This is the bridle I agreed for with the prisoner; I marked it, here is the mark; I cut it with the edge of my knife at justice Wilmot's office.

Court. The question is, whether you are sure that that bridle which you had in your hand, is the bridle that the prisoner offered to you? - Yes, I am very sensible of it.

How do you know that is the bridle? - By a mark I took notice of in the bit, as soon as ever I took it out of the prisoner's hand; there is the letter M under the bit; I took notice of nothing else then, till I marked it at the justices.

(Shewn to the court.)

Jury. There may be the letter M, on a thousand bridles similar to that? - I put a mark on it before I went to the justices,

the same evening that I had it in my own possession; it is the inside of the rein, I marked it with the point of my knife; I made this mark the same day I went to the Justice, the same evening I received it of the prisoner, I made it at a public house.

What did you mean by saying just now, you made a mark at the Justices? - Not the same day I went to the Justices, I dug a little bit out with the point of my knife.

Did you make that mark before you delivered it to Mr. Cowling's servant? - Yes, at the time I took it out of my pocket I made it at a public house, before I went to Cowling's servant; I cannot say what house.

Where was the house? - I cannot say the street, where I was waiting for the ostler, his wife lives there; I believe it was in Princes-street.

Was it a public house, or a private house? - I cannot particularly say what house it was; one of Mr. Cowling's servants was with me, I believe he is not here.

What made you go into that house in particular? - On purpose to shew Mr. Cowling's servants the bridle, I was with one of Mr. Cowling's servants, and we went into a house to ask him if he knew it; Mr. Cowling's servant had the bridle, and I took an opportunity of putting the private mark on the bridle.

Court. Is that man here? - I do not know.

What was his name? - I do not know; he passed for Mr. Cowling's head ostler; they call him John.

Mr. Peatt. Was that the man that sent you into the Borough? - The man that applied to me in the Borough, Mr. Cowlings's head ostler, came to me twice, he saw me put the mark.

Mr. Boad. This is my bridle; there is a bit of the silver plate rubbed off of one of the cheeks.

Prisoner. At what place did you mark the bridle? - At a private house, before I shewed it to Mr. Cowling's servant.

Prisoner. My Lord, I saw him draw out his knife, and mark that rein of the bridle, at Justice Wilmot's office.

Mr. Butt. I saw the witness mark the bridle on some part of it in the parlour, next Mr. Wilmot's office.

That was when you attended? - Yes, the bridle had been brought from Mr. Cowling; Mr. Cowling gave it to me at Union Hall.

Court. Now, where did you mark that bridle? - In the right hand rein.

But in what place was you when you marked it? - I first marked it in a room in Mr. Wilmot's office; and afterwards I did not think it was sufficient for me to know it, and I marked it again.

What, after you took it to Mr. Wilmot's office? - Yes.

Then how did you dare to tell the court just now, that you marked it on the night the prisoner shewed it to you? - It was not visible; here is a scratch across it, and I made it plainer.

But you shewed the gentleman that mark, and said you put it on there, and no where else; how did you dare to say that.

Jury. We are perfectly satisfied.


Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-51
SentenceCorporal > private whipping

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232. JOHN WEATHERHEAD and MICHAEL SHIELDS were indicted for feloniously stealing, on the 20th of January , five shirts, value 20 s. six shifts, value 12 s. a cotton gown, value 7 s. a cotton nightcap, value 1 s. the property of William Seaby .


I live in French-court, Great Hermitage-street : on Tuesday, the 20th of January, about eight in the morning, I went home to breakfast, and as I and my wife, and another woman, was sitting at breakfast,

finishing the last part of my first cup of tea; I observed the prisoner Weatherhead, come to the wash-house window, which is in the yard, and adjoins the dwelling-house; I could see across to the wash-house window, not into the washhouse; he took from thence an armful of linen; the window was open, it had a wooden let-down shutter; he put both his hands through and made off with the linen; I got up and ran after him; when I came to the inner gate of the court, he had not got out of the court, I perceived the two prisoners going out at the outer gate of the court; I perceived as they turned out of the yard of the outer gate, each of them had a parcel under their arms; I had not seen Shields till I saw him at the outer gate, I ran up to the outer gate, as soon as I got there, I saw them both running, I cannot say whether they saw me; I followed them, they were both running; I then hallooed out, stop thief! and aboat thirty yards from the outer gate, each of them threw down what they had got on the pavement; I continued running after them, calling out stop thief; when one of them, Shields, ran off the pavement to the left; the other one I still pursued, which took down a hill called Fryers-Hill, near the the bottom of this place, I overtook Weatherhead, I seized him by the collar with my right hand, and he endeavoured to get away from me, he broke from that hand; I immediately seized him with my left hand, and gave him a blow with my right hand, which brought him to the ground; I endeavoured to lift him up, he would not stand on his feet; he kneeled on his knees; he held up his hands; and looked hard in my face; and said, God Almighty bless you let me go, and I'll never do so no more; to which I answered, No, you damn'd rascal, it is you, or some such as you, that robbed me six weeks ago; I endeavoured to get him along, and another man came up and took him by the collar, and we both forced him to the top of the street; then the man left me, and I took him to the Queen's head in Charlotte-street; Mr. Whiteway, who belongs to the Publick Office, East-Smithfield, keeps the house, and I delivered him to Whiteway, and went to see after the other prisoner, whom I met coming towards Whiteway's; by force of a young man who lodges at my house, he was shoving him along; I took him from this young man, and carried him to Whiteway's; I went home, and found my property was brought back, and it laid in the kitchen; Shields was out of my sight a considerable time, I had a full view of him when he came out of the court, and as he run along.

Court. Are you able to swear that the boy brought to you by the young man you speak of was the same that dropt the bundle? - No, I cannot.


I am the wife of the last witness, my husband and me were sitting at breakfast, he ran out, and I ran out after him; as soon as I had got to the end of the court, about four doors from I, I saw a parcel of linen lay; I saw all the white linen, but I did not see the gown; I picked it up; I did not see my husband till I had picked up the linen; I went to the end of the court, and somebody brought me the gown, but I do not know who; I carried the linen in doors, and have had it ever since.

(The linen produced and deposed to.)

E. Seaby. They are all dirty, except the gown which is half washed, they laid quite close to the window, which is about three feet and a half high; they had no particular mark upon them, but one shift is marked A C, it is not my linen; it is linen that I take into wash; the gown I had in my hands about three minutes before it was stolen, and I picked some green ribbon off the bottom of the sleeve; I knew the other shifts, I was looking them over, and my husband set them down.

- COLLINS sworn.

I was washing my carriage, on Tuesday morning about a quarter before nine, in Great Hermitage-street; I saw two young,

men come out of French Court, they had each of them some linen; I heard the cry of stop thief; I looked round, and I saw the two prisoners run, one run round my carriage towards me, one to the right, and the other to the left; Shields took towards me, which was to the left; I ran after him, and took him; I saw him drop a cotton gown, nothing else.

For the prisoner Weatherhead.

Captain JOHN SMITH sworn.

I am master of a Greenland vessel, it is outward-bound at present; I expect to fail in about a month; I have known Weatherhead for these two years, he is the son of a poor widow woman, he has sailed with me two voyages to Greenland, he is about 17; during all the time I knew him he behaved very well, very honest, that was his general character, he was to have sailed with me the next voyage; I should have no objection to take him, I have that opinion of his honesty.

Court. Where has he lived since he has been on shore? - With his mother, a poor widow woman.

There were three other witnesses called, who gave the prisoner Weatherhead a very good character.


I was going to Greenland Dock, I know nothing of it; my master is ill of a fever; I was brought up to hard work; I washed for a good many people in the Rope Grounds.



Court to Captain Smith. You said in your evidence, that you was willing to take the boy, if he was willing to go; will you take him under your charge, and take care of him till such time as your vessel fails? - Yes, my Lord.

Court to Shields. You are at present going on in a line of life, in which if you continue, you will in all probability come to the gallows? - No, Sir, I will not.

Will you go to sea? - Yes.

Would you be glad to go? - Very glad.

Court. The same advice I give to you, Weatherhead.

Alderman Le Mesurier. I will give Shields an order to go on board a vessel to the West-Indies, and Mr. Akerman will take care of him in the mean time.

Court. Let them both be privately whipt ; and Weatherhead delivered to Captain Smith; and Shields remain till the vessel is ready for him.

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

25th February 1789
Reference Numbert17890225-52
VerdictNot Guilty > no prosecutor

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233. SARAH WOODROFFE and MICHAEL M'DANIEL were indicted for stealing, on the 23d of January , a silver watch, value 40 s. and seven shillings in monies numbered, the property of John Shortridge , in the dwelling-house of Sarah Woodroffe .

It appearing that the Prosecutor was a mariner , and had gone to sea about a fortnight ago, both the prisoners were ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-53

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234. JAMES KING was indicted for stealing, on the 15th of February , 56 lb. weight of lead, value 7 s. the property of Peter William Baker , Esq . affixed to the dwelling-house .


On the 15th of February, Sunday, about twelve in the day, the prisoner came by my house in Quebeck-street with the lead, he had it in an old bag; I had a suspicion, and I followed him; I overtook him near Oxford-road; I asked him what he had got there; he said only a bit of lead; I asked him where he got it, and he said he found it; I took him to a publick-house,

and from there I took him to the watch-house, and the next day he was committed; it was taken from one of the houses of the New Circus, near Marybone , I afterwards fitted it.

A WITNESS sworn.

I am a carpenter; I went to the top of the building, and fitted the lead.

BUCK sworn.

The building where the lead was taken from is the property of Peter William Baker , Esq.


I picked it up behind a ditch coming from Paddington.

The prisoner called one witness to his character.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-54
VerdictNot Guilty

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235. SARAH BOODLE was indicted for stealing, on the 16th of January , a linen shirt, value 2 s. a linen table cloth, value 6 d. the property of Henry Fairbrane .


The prisoner at the bar lodged with me for about four months, in the course of that time I lost several things; I lost a table-cloth, and I heard she had one to dispose of; knowing that she had none of her own, I got an officer from Bow-street, and took her on suspicion; some duplicates were found on her, by which I found a table-cloth at Mr. Cooper's, and a shirt was found, though not by the duplicates; she owned to the things being my property before Sir Sampson Wright; I made her no promise.


I know no more than the last witness.


I took the things in at Mr. Cooper's, the prisoner pledged them with me; the shirt she pledged the 10th; the table-cloth the 16th of January; I had known her before.

The property produced, and deposed to by Mrs. Fairbrane.


I used to wash for the prosecutor; I came from Cambridge in October last; I was in great distress, and I made use of them.


Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-55
VerdictNot Guilty

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236. JOSEPH ROBERTS was indicted for stealing, on the 24th day of February , 10 lb. weight of wool, called Spanish wool, value 3 s. the property of John Douglass and John Middleton .

There being no proof to whom the property belonged, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-56
VerdictNot Guilty

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237. LETITIA MACDONALD was indicted for feloniously assaulting Elizabeth, wife of William Bragginton , on the King's highway, on the 16th of January last, and putting her in fear, and feloniously taking from her person, and against her will, a silk handkerchief, value 10 d. her property .

There being no pretence for this charge, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-57
VerdictNot Guilty

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238. MARY EVANS was indicted for stealing, on the 7th of February , three

pounds and three quarters weight of mutton, value 15 d. five pounds of beef, value 12 d. one pound of butter, value 4 d. and a canvas cloth, value 1 d. the property of Brigs .


Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-58

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239. JOHN WEST was indicted for stealing, on the 17th of February , a cloth coat, value 12 s. a waistcoat, value 6 s. the property of George Smith ; a cotton gown, value 2 s. a cloth cloak, value 2 s. a silk handkerchief, value 1 s. the property of Andrew Smith .

The prisoner was taken by the prosecutor, at the bottom of the stairs, with the clothes.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-59
VerdictNot Guilty > fault

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240. SAMUEL LANT was indicted for stealing, on the 23d of February , a linen table cloth, value 6 d. four frocks, value 2 s. two petticoats, value 3 s. 6 d. two muslin handkerchiefs, value 10 d. an apron, 1 s. two check ditto, 8 s. a bed-gown, 6 d. two sheets, 2 s. 6 d. an apron, 6 d. a cap, 2 d. an handkerchief, 2 d. a night cap, 2 d. the property of Peter Bouquet .

The prisoner appearing to be the receiver, and not the thief, he was on this indictment ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-60
VerdictsNot Guilty; Not Guilty

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241. GEORGE ASHTON was indicted for stealing, on the 5th of December , four carpenter's planes, value 8 s. three plough irons, value 3 s. a spar, value 12 d. a screw driver, value 12 d. the property of Robert Tester : four carpenter's planes, value 8 s. an iron screw driver, value 12 d. the property of James Fuller : six carpenter's rules, value 12 s. an iron hammer, value 12 d. two chissels, value 2 s. the property of Robert Ranson .

(The witnesses examined separate.)


I am a carpenter in Princes-street, Ratcliffe-highway , I lost the things mentioned in the indictment on the 5th of December; the 5th of September we left them in the house.

Are you sure it was September? - Yes.

How long ago is it? - Three weeks before Christmas, I lost four planes, a chissel and an adz, a spur and a couple of screwdrivers, from a house of Squire Wright's, the corner of Osborn-street; we found a parcel of tools at the Public-office in East Smithfield.

Mr. Knowlys, Prisoner's Counsel. When had you notice that they were at the office? - I believe it was last Thursday week.


I am a carpenter , I lost some tools in December last, from a house belonging to 'Squire Wright, in Osborn-street, Ratcliffe-highway ; I missed them on the 6th of December, and found them at the Public-office, East Smithfield.


I am a carpenter, I missed a plane and two chissels the 5th of December from Mr. Wright's.

Mr. Leach, another of the Prisoner's Counsel. When did you find the things again? - The same day I attended with the other prosecutors.


I am a headborough; on the 11th of this month a gentleman who keeps a linen draper's shop in East Smithfield, had been robbed of a quantity of silk handkerchiefs,

I searched the prisoner's house the 11th of February, I found all the tools that are here in court. (produced and respectively deposed to.) Some I found up stairs in a room which adjoins the prisoner's bedchamber, that looked like a warehouse-room; there was some hemp and some cotton, and some other articles, it was not furnished as I could see, and some in a closet up stairs; the closet door was shut, not locked; I found the rest in that room and in a closet, and some below stairs in a back-room which adjoins his kitchen; it had been a drinking room.

Court. Was it an open room? - Yes, it is at the back of the kitchen, the things were laying about the back-room.

Mr. Knowlys. You went alone to execute this search warrant? - I did not, one Bear and another man went with me, who had the search warrant; the things have been safe ever since.

What are you? - I am a headborough, I attend the Public-office in East Smithfield, and I am an officer of the four counties beside; some of the things were in a closet up stairs, and there were more in a chest, they were all loose about the floor; this man keeps a public-house on Saltpetre-bank; it was the 11th of February, the man made no objection to any searching of the house, he behaved very well to me; the man was admitted to bail at first, there was a quarrel between the other officer and Bear before he was committed.

Court. You say the room below stairs, in which some of these things were found, was next the kitchen? - Yes.

Was the kitchen a place where the people used to sit and drink in? - No, there is a very large tap-room; the kitchen and the other room in which some of the articles were, is at the back of the tap-room.

Was it a private room, or such a room as people might go to drink in occasionally? - Such a room as people might go into occasionally.

Whereabouts in that room were these goods found? - There are two cupboards in that room, but they were open, some of the things were in them, and some laying on the floor.

Prisoner. I leave it entirely to my Counsel.



I was servant to the prisoner at the time this happened, I lived with him three months; there was a man that boarded and and lodged in the house for a fortnight, he passed for a ship's carpenter, his name was Davis, and he left some of the things there, and there were more people came with him in company, and they left some things; he got into my master's debt to the value of five or six and twenty shillings, and he left them there till they should be called for.

Did any of the other persons owe your master any money? - They owed some money for some beer, and they left these things and were to call for them.

Do you know at what time any of those were left? - About three weeks or a month before Christmas; what Davis and the other man left was not at the same time, but at other times, all before Christmas.

In what part of the house used these things to be kept? - My master desired me to put them in the kitchen, they were publicly open there, they were not concealed from any body; I did not continue with him till the officer came, I cannot tell how long they were there; my master never could find or hear any thing of Davis since he went away in his debt.

Court. How long did you live with your master? - Three months; Davis brought some tools.

Which of them did he bring? - The things that were produced.

You say that Davis, about three weeks, or a month before Christmas, brought some things to your house? - Yes.

What was it? - It was wrapped up in a basket, I never opened the basket, I was in the tap-room when he brought them in;

he did not open the basket, nor I did not open the basket.

What became of the basket? - I cannot say.

How do you know what was in it? - Because he said they were tools, and to take care of them; I did not see the basket open, I do not know what was in it, only he said they were his tools; the basket was left at my master's.

Is the basket there now? - It was a basket like this, I cannot say what became of the basket, I cannot say what became of the tools, only they were put by; there were people in company with Davis at other times; and the next week after that somebody else brought tools, they were strangers to me.

In another basket? - Yes, and bags too, and the people came in to drink with Davis.

How long did they stay? - Till six in the afternoon, I cannot say what time they came in, it was about twelve I believe.

Did they come any more? - No, I never saw them afterwards, I did not hear their names, I was busy about the house.

How came they to leave their tools? - They said they would call for them again, I staid with my master after that two months.

Did you stay with your master till he was taken up? - No, I was away, I have left my master three weeks to-day; they never called for their things afterwards; they owed my master for some beer, I cannot tell how much; the man brought them into the tap-room, and I brought them into the kitchen; my master desired me to take and put them backwards into the kitchen, till he had time to put them by; he put them by when he had time, some of them the next day, I did not see him put them by; they were put by at different times; I cannot tell how my master put them by, I did not see my master take them out, I never took them out, he put them in a great chest as he said; I did not see him, I saw them there; he said if any body called for them they were there; he put them altogether in a great chest, that great chest stood in a drinking-room; he told me if he was out of the way they were there.

How came he to take different people's property out of their bags and boxes, and put them altogether in one chest? - I did not see him doing it.

Did not you say that you saw them in the chest? - Yes, I went there for some other things, there were some other things with them in the chest.

What other things? - I do not know; jackets and coats, and things, the chest never was locked, they were all together; the workmen appeared like carpenters, Davis called himself a carpenter shipwright; I cannot tell where he lived.

Will you tell me whether any of these people called for their tools since? - Not that I know of, I have seen none of them since.

You staid staid two months afterwards? - Yes; Davis kept them above three weeks, a month before Christmas, the day of the month I cannot tell.

Mr. Garrow, to any one of the prosecutors. Is not it a common thing for carpenters to leave their tools at a public house? - It is a common thing.

The publicans have no difficulty in taking them until called for? - Not in the least; I have done it myself.

Court. Is it a common thing to leave such a number of tools as these for drink, from six to twelve, and not call for them for two months? - No, not such a quantity.

The prisoner called six other witnesses, who all gave him a very good character, one of whom is a publican, and deposes that he had frequently had tools left with him for a month, sometimes for a fortnight or three weeks, and that he has had eighteen planes at a time left with him.


Tried by the second Middlesex Jury before Mr. Justice GROSE.

242. He was again indicted for stealing on 13th of December , four carpenter's planes, value 4 s. a saw value 12 d. an iron chissel, value 6 d. the property of Martin Rowley .


I live in a street, adjoining Rosemary-lane , it is not a quarter of a mile from the prisoner's house; on the 13th of December, I lost four planes, a chissel, &c. I found them at Justice Smith's office, at the time the other things were found.


I found those things at the same time.

Court. There are no other witnesses, and it is not necessary to have the same witnesses called over again.


Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-61
VerdictNot Guilty

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243. THOMAS BANGELEY was indicted for stealing on the 21st of January , 5 s. in monies numbered , the property of Mary Wright .


The prisoner came into my shop on Wednesday the 21th of January, between three and four o'clock in the afternoon, I was alone; I went out of the shop into the back room, and I turned my head, the shop door was on the jar, and I looked forward, and I saw this young youth with his breast on the counter, the till was drawn out, and he had his hand in the till; I went to the door to stop him, but he got out and slamm'd the door after him, I called out immediately, stop thief, and he ran away, but he was stopt afterwards; I am sensible the prisoner is the person, I had seen him before, I had counted the money when I left it; there was 6 s. or 6 s. 6 d. I am sure.


I was at work when the prisoner came into the shop, I came down stairs after he was brought back; the prisoner was not searched, but he delivered this money and said there, Sir, is any of this money yours; my mother generally tries her money with aqua fortis, and here is a 6 d (which was in the money delivered to me) that I took the same day and marked with the aqua fortis; I recollected it immediately, and he went down on his knees and begged to get off; but my mother having been robbed so often, I told him I would make an example of him.


I was walking down Barbican, and I heard the cry of stop thief; I was taken by the collar, and the last witness came up; I had 5 s. 5 d. in my pocket, and I pulled it out, and he said there was a 6 d. which he knew, that he took that day and marked with aqua fortis.


Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-62
VerdictNot Guilty

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244. ELIZABETH WALKER was indicted for stealing, on the 21st of February , a pair of linen sheets, value 7 s. 6 d. two pillows, value 6 s. five window curtains, value 5 s. and a harateen valance, value 6 d. the property of William Hicks , in her lodging room .


I am a housekeeper: the prisoner lodged with me for about three months; last Saturday was a week, I had a suspicion, and I went and searched the room, and found two sheets, one blanket, two pillows, and five curtains; I asked the prisoner what she had done with these, and she told me she had pawned them and she thought it no sin; she did not tell me

where she had pawned them; I sent for a constable, and she gave him the duplicates, she was at home when I searched the room; the things were found at Mr. John Bury 's a pawnbroker.


I took part of these things in pawn from the prisoner at the bar; they had been pawned about a fortnight before they were found by the prosecutor, she has frequently pawned the sheets of a morning, and got them out again of an evening.


I took charge of the prisoner.


I did it through distress; the winter was very hard; I was starving alive; I meant to redeem them.


Tried by the London Jury, before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-63
VerdictNot Guilty

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245. EDWARD DAVIS was indicted for stealing, on the 29th of January , one iron back-band, value 2 s. and 14 lb. weight of horse-flesh, value 1 s. the property of John Latham .


I am a seller of dog's meat; the prisoner went into my stable, on a Thursday, about five weeks ago, and took the things mentioned in the indictment; I did not see him; I took the boy up, and he confessed every thing before the Justice.


I am a bedstead-maker; I was brought up a shoemaker; I bought this piece of chain of the prisoner in the court where I live; I was breaking up a wheel, and he asked me, if I would buy a back-band, and I gave him four-pence for it, and he went to the sheep's head shop, and bought a tongue, and some bread.


I know nothing of it.


Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-64
VerdictGuilty > lesser offence

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246. BENJAMIN BARLAND was indicted for burglariously and feloniously breaking and entering the dwelling-house of William Wilson , about the hour of eleven of the night of the 24th of January , and burglariously stealing therein, a linen night-cap, value 6 d. a shift, value 2 s. one cotton child's petticoat, value 1 s. a check apron, value 1 s. a pillow-case, value 1 s. two coloured linen frocks, value 4 s. the property of the said William Wilson ; and one flannel waistcoat, value 1 s. three linen waistcoats, value 6 s. the property of John Castle .


My husband's name is William Wilson ; on the 24th of January last, about half past ten o'clock, I was gone out, I had been out a quarter of an hour; I left nobody at home but a child in the cradle; I did not lock the door after me, I put the hasp on the staple without locking it, and I had a bit of a string outside, with which I could draw it back, which made it a sort of latch; when I came back, finding the street-door and room-door open, I thought my brother had come home, it was the room-door I fastened; I went into the room, and found the prisoner, and another was there; I did not see them at first; but thinking my brother had come home, I said Jack, why don't you light the candle? and one of them said to me don't you be frightened, and he ran out; the prisoner stood by the drawers, and he said his name was not Jack, and I caught hold of him; we struggled together, and he got in the passage; I called out murder; from there, in the struggle, we got into the court, and he struck me several times in the struggle; we got opposite to Mr. Richards's door, and he came to my assistance, and we took him; there were some things taken out of the drawers, which we found afterwards in the passage, which were, a shift, a cap, two coloured frocks, one cotton petticoat, one check apron, three cotton waistcoats, one flannel waistcoat, one pillow case; when he was taken, he said nothing at all for himself.

(Deposes to the property.)

I lost a silk handkerchief which has not

since been found; the other lad was not taken.

There were four other witnesses called on their recognizance, but did not appear.


I was just got into the door of the passage, I thought it was a necessary; a fellow rushed by me, and the woman took hold of me.

GUILTY, of stealing only .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-65

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247. JOHN WILKES was indicted for stealing, on the 18th of February , two linen shirts, value 5 s. the property of Joseph Pollett .


On the 18th of February, about a quarter past seven in the morning I got up, and I saw the prisoner in my apartment, he had got two shirts off the floor, and put them on the ground, and was reaching the third, I was in an inner room, I have two rooms; I saw his face; I said, oh! you d - m - d rascal; I followed him, and he pulled the outer door too, which made me a little behind him; I followed him, and took him, I am sure he is the same person; he did not take the shirts; out of the room; he was not two seconds out of my sight.


I am an officer of Spital-fields parish, and I took charge of the prisoner after he was apprehended.


I was coming up Pater-noster-row, there was a cry of stop thief; and a man came out of a publick house drunk, and laid hold of my collar, and said he would keep me till his friend came; and Pollett came, and laid hold of me.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-66
VerdictsNot Guilty

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248. JAMES UNDERHILL , JOHN COMBERLEGE , alias PEGGY DANBY , and WILLIAM HOLMES , otherwise SHOCK , were indicted for stealing, on the 23d of January last, a piece of iron, called an iron axle-tree, value 10 s. a coach-wheel bound with iron, value 5 s. the property of James Skirton ; and Francis Fleming was indicted for feloniously receiving the same, on the 23d of January, knowing them to have been stolen .

Prisoner Fleming. I request a favour of the Court, before the Counsel for the prosecution opens the case, that the witnesses may all be sent out of Court, and examined separate.

(The case opened by Mr. Schoen.)

Prisoner Fleming. I have another favour to request of you, that the witness Young may be taken out, and that no person may be permitted to speak to him while the trial is going on.


I am a dust-man , I live in the New-way, Westminster, on the 23d of January last; I have a field that comes into St. Ann's Lane , I have gates to it, I locked them up secure in the evening; and in the morning of the 24th I unlocked those gates, I found one of the hinges was rather wrenched at the bottom, but not broke open, in consequence of the information of a boy I found an axle-tree was broke, and a wheel bound with iron was gone, and laid on some ruins; I looked round the field, and I saw some breese with the track of men's feet upon them, and the bricks of the wall were rubbed; I looked

over the walk; I looked over to the next yard, which belongs to one Mr. Piercy, which is next to Mr. Fleming's, and there I saw the impression of a wheel, to my thinking; I saw a few bricks that had been knocked off the wall, that had parted his wall and Mr. Fleming's; I observed likewise the impression of a wheel in Mr. Fleming's yard, Piercy's wall was between mine and Fleming's; soon after that I was going out in the street, I believe it might be near eight in the morning when I first observed this, the axle-tree was returned, between eight and nine it was brought back to me by one John Dizzle; I owned it; and the broken wheel I found on the ruins joining to St. Ann's-street; this axle-tree is mine, I am sure of it; this nut never could be screwed off, and the bed of it had a crack in it when I bought it; I knew the bed, and it fits exactly; here are the holes which the bolts go through.

Prisoner's Counsel. What is there remarkable in that nut not being able to come off easily, in the nut of an axle-tree being rusty, where is it different from any other axle-tree that has a nut that is got rusty, and will not come off? - I do not say it is, it might be in another as well as in mine.

You that use carts, and use iron axle-trees, know it is a very common thing for them to rust on? - Yes.

You do not know it by that at all? - I do not know it particularly.

Have you any mark at all on that axle-tree, is it not like any other? - Yes, undoubtedly it is.

You did not make it yourself? - No.

You bought it, I suppose, second-hand? - I did so.

Is the person here whom you bought it of? - No.

Then all that you know is, that you had an axle-tree that was fixed to a wheel? - Yes.

On which there was nothing particular? - No.

Mr. Schoen. I think you pointed out a crack in the bed of the axle-tree? - Yes, here it is.

Is there any thing remarkable in that crack? - The remarkableness is such, that I can swear to it; I will not take upon myself to say, but what another might possibly be made to fit it, but it is almost a miracle:

Do not the beds of these kind of things frequently crack? - I have never another that is so, nor ever had; I think I could be positive to that to swear to it among a thousand.

Could the wheel have been got off without the nut being taken off? - No.

Have you any doubt but that is your own axle-tree? - No.

Jury. Had you made any observations on that axle-tree to enable you to swear now that it is yours? - Yes, I have, when I bought it I made that remark of the crack on the bed.

Court. Then you made that remark of the crack when you bought it, and before it was stolen? - Yes.

Had you remarked before it was stolen, what you have mentioned respecting the nut? - Yes.

Had you tried to get the nut off? - Yes, and could not.

What, before it was stolen? - Yes, in the day-time on the 23d.

How long have you had it? - I cannot say positively, I believe about four months.


I am servant to Mr. Divine, No. 22, Great St. Ann's Street, Westminster; he is a broker, and dealer in iron; I cannot tell the day of the month, on Saturday morning Mr. Fleming came to my master, between seven and eight, to the best of my knowledge, he came backwards to me, and ordered me to get a bag, and come along with him; I took a bag, and went to his house; and when I came, there was an axle-tree and some tire; I brought a sack which would not hold the axle-tree, and we put the tire in the bag, and the

axle-tree was put up in two cloths, and tied with a piece of string; I took the axle-tree on my shoulders, and carried it; and put the bag on the axle-tree, and carried it to my master.

Did you go the strait way to your master? - Why, I might have gone a nearer way to be sure; I put it down in the warehouse; when I came to my master's, my master was up; he came backwards, and just saw the axle-tree, and said he would have nothing at all to do with it, and he ordered it off his premises, and was rather angry with me fetching it; I do not know whether it was Mr. Fleming, or my master, or both, I cannot say, ordered me to take the axle-tree on the ruins, I cannot recollect by which it was; I put it upon the ruins.

What became of the tire? - I do not know, I went to work; I did not put the tire on the ruins, but only the axle-tree.

Should you know the axle-tree? - I cannot swear to it; I did not observe any particular mark.

Prisoner's Council. What ruins are these? - The back part of St. Ann's-street.

Jury. What was your reason for carrying that large weight a further way about than you might have done? - By the order of Mr. Fleming, to go up New Pye-street.

Was that more out of the way of any body's observation than any other road? - Not a great deal.

Is it more concealed or private than the other? - It is rather more out of the way than if I had gone along the street.


I am a married woman; I sell greens about the streets in a cart; I live in Old Pye-street, No. 42; I know the last witness, he is servant to Mr. Divine; I remember of the Saturday morning, a little before six, there came somebody to our window-shutter, and knocked at it, and raised us with the loss of our cart-wheels, and said, they were broke up, and laid in Pipe-maker's Alley, Little St. Ann's Lane, my husband got up, and went out; he returned as quick as possible, and I saw nothing more than a long iron coming out of Mr. Fleming's house wrapped up.

What is Mr. Fleming? - He bought old iron, I believe.

How far do you live from Mr. Fleming? - About five doors on the other side of the way, and I saw Philip Jones come along with this parcel, with something very long, and wrapped up in a white cloth, Mr. Fleming was close to Jones.

Prisoner's Council. What the thing was you do not know? - No.


I live in Old Pye-street, Westminster, I remember the Saturday morning when Mr. Skirton lost his property, I was going from my own house into St. Ann's Lane, between seven and eight I believe, through an alley that leads into Great St. Ann's Lane into the ruins, which is the back of Dean's Yard, I have a yard there, the corner of Smith-street, which comes into it; and as I was going into my own yard I observed a man on the ground treading his feet, which I took notice of, it is very near to one Mr. Divine's pales, who has a gate that comes into the ruins, and the man went into Mr. Divine's yard, and brought out a tin kettle, with some dirt or rubbish in it, and threw it on the spot, his name is Edward Wells , he was covering over something, but I did not know what it was till after it was taken up; I did see this thing taken up; one John Dizzle , and a lad that works for me took it up; I was very near, as near as I am to you, when it was removed from under the ground; I thought at first, by his holding it up, it was a leaden pipe, but when I came nearer to it I found it was this axle-tree; that is the axle-tree that was taken up at that time, it was very white all over.

Are you enabled to say, that that is the axle-tree you saw dug up there? - Yes, that I can safely say upon oath that is the same, it was under a bit of bank that had been dug under Davis's yard; this John Dizzle , and a lad of mine, took it into Dizzle's yard, and said, if any body owns

it well and good; and if not, says I, I think you and my lad must go halves in it.

Prisoner's Counsel. All you know is, that you saw a man of the name of Wells covering something over? - Yes.

What he was covering you could not tell? - No.

Is Wells here? - Not that I know of.

Do you know if he lives in your neighbourhood? - Yes, he lives in the same street.


I am a dustman; I found this axle-tree just going through St. Ann's Lane; this end was buried down quite, and at that end there was no screw nor box on; I found it the back of St. Ann's Lane, in a bit of a drench, at the back of Divine's wall, it was buried over with dirt, and a bit of dung at the lower end; this is the same axle-tree. I carried it over to Mr. Skirton, I can tell by the chalk; I have no doubt but it is the same axle-tree.

Prisoner's Counsel. So, you found this axle-tree hid in the dirt? - Yes.

You was to have something for finding it? - Yes, he gave me 2 s.


I am a constable, on the Saturday morning I attended on Mrs. Skirton about this axle-tree; I went into their yard, and she with me; I saw a part of the yard where the wall had been fresh grazed like, and I looked over the wall, and I saw apparently the impression of a wheel on the other side, upon the premises adjoining to Mr. Fleming; I went into those premises after that, and I saw two impressions, similar to that in Mr. Fleming's yard, in two places; one impression was on a large piece of tin, apparently the handle of a large sausepan, which was jobbed into the ground, like as if it had been done by going over the wall, the other impression was on the ground; I apprehended the prisoners, and I took Fleming to the magistrate, there he made a confession, which I have in my pocket; I saw it signed.

Court. That will not do.

Prisoner's Counsel. Will you describe the impression on this piece of tin? - I cannot say what it was drove it into the earth, I say apparently.

Some harder substance falling upon it, drove it into the earth? - Yes, I do not pretend to say what it was.


I keep the sign of the Crown in Pye-street; I know Mr. Fleming and James Underhill ; and I know one of the other prisoners by sight, but not by any other knowledge; he had been long in our neighbourhood; I cannot say the day of the month; Justice Abington sent for me to know whether I could recollect at what time this William Fleming and James Underhill was in my house.

Do you recollect any particular day in January in which you saw these prisoners together at your house? - I cannot say, unless it was of a Friday evening, I think, to the best of my remembrance, it was of a Friday evening, Fleming was sitting in my tap-room; and there came in this Underhill, he is a Taylor, and I asked him to do a little job; says he, master, it is come in good time; he desired me to let him have a pint of beer till he had done it, and I drew a pint of beer, and he offered it to Fleming, and he drank of it; and in a quarter of an hour they parted.

Court. Do you recollect what time Skirton's house was robbed? - I cannot fix the time.

Mr. Schoen. Now I wish to call the accomplice.

Court. He may be a competent evidence; but the Jury will judge of his credit; you have not given a tittle of evidence against any of them but Fleming; and if the evidence proves any thing, it proves him to be a receiver.


Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-67
VerdictNot Guilty

Related Material

249. JAMES MANN was indicted for burglariously and feloniously breaking and entering the dwelling-house of Ralph Parker , about the hour of ten in the night, of the 24th of January , and burglariously stealing therein, four pair of cotton stockings, value 12 s. and one pair of silk and cotton stockings, value 2 s. 6 d. his property .


I live in St. Leonard's, Shoreditch ; I am a hosier ; on the 24th of January, Saturday, about ten o'clock at night, I went out of my shop (I left nobody in); and I went into the parlour; I had not late above five minutes, before I was alarmed, as if the whole frame of the window was broke in; the parlour looks directly into the shop there, is only a little passage between; I made to the door, which is by the window; and I saw a large pane of glass in the window broke to pieces, and almost a whole row of stockings gone; I went out, and a neighbour's daughter called out, stop thief! the watchman was at his box, and he took the prisoner, and he was brought to me; he had not the stockings then; the shop-door was locked; when I went into the parlour, and I found it so, when I went to open it to go out; I did not see him stopt.


About the hour of ten in the evening, of the 24th of January, I was shutting up the window shutters, it was on a Saturday night, I saw the prisoner looking about Mr. Parker's window; I am sure he is the man; when he had got an opportunity, he broke the window by main force, I saw him break it, and run off; he had taken something out, I saw him put his hand in; I cried stop thief, and he was taken; I did not see any people in the street; the watchman took him in an instant, and brought him back, the watch-box is but three doors from mine, they found two pair of stockings on him, one pair of cotton, and one pair of worsted and cotton; I never missed sight of him till he was taken.


I am a watchman; I was at my box on Saturday the 24th of January, a little after ten o'clock, I heard a window broke, and stop thief was cried; I run out of my box; the prisoner was running, I took him by the collar, and he dropt something; we found nothing on him; the stockings were brought back; when I took him back to Mr. Parker's; I cannot swear that what he threw away were stockings; the man that saw him throw them away is not here.


I am a headborough, me and Mr. Armstrong were near the spot, and we went, hearing the alarm, and secured the prisoner; we took him to the watch-house, and searched him, but nothing was found on him.

Prosecutor. A man brought me the stockings back; he is a cheesemonger's man; I did not see him pick up the stockings.

Mrs. Marcello. I did not see him drop any thing.

Court. You have said before, the stockings were found upon him: did you see the stockings found upon him? - No, my Lord.

Court. Gentlemen of the Jury. There is a deficiency in the evidence; they have not brought the person who saw the prisoner drop the stockings, nor the person who picked them up; that he broke the window it is clear; that he dropped something it is clear; but what it was that he dropt is not proved.


Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-68
VerdictGuilty > with recommendation
SentenceCorporal > private whipping

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250. WILLIAM LEWIS alias FOSTER was indicted for stealing on the 22d of January , a pair of stays, value 2 s. and two gauze handkerchiefs, value 6 s. the property of John Moore .


I am a pawnbroker ; on the 22d of January the prisoner came into my shop between five and six in the evening; after I had served him with what he came for, which was to pledge a plane, I observed my servant run out of the shop after him, his name is Thomas Watkins, I had no suspicion, he had not been out three minutes before he returned; I asked him what he had taken, he said nothing, he had something in his apron; I took these pair of stays and these handkerchiefs out of his apron.

Should you have known these stays at any other shop? - I think I remember having such a pair of stays at the window, I think they are mine; I know the handkerchiefs.


On the 22d of January I was standing in the shop, I turned round and perceived the window was open, I suspected the prisoner and ran after him, and caught him about one hundred yards off.


I have nothing to say.

THOMAS BROOKS , D. D. sworn.

I am a clergyman, a doctor in divinity, I live adjoining to the house where this lad works, I have known him between three or four years, he is a parish apprentice, put out to a master who could not employ him in his business; there was no care taken of the boy of any sort or kind, the boy was forced to run of errands, I have entrusted him often, my servants did the same, he was often in my house, in the kitchen, among my servants, where he might have stolen many things, if he had been so disposed; he was remarkable for activity and the best of tempers, as far as I know of him, he was always honest; the boy did not ask me to come, I thought it my duty, I always had a good opinion of him; the boy is of a remarkable sweet temper and good behaviour.

Court. What parish did he come from? - I believe St. George's parish.

The Rev. Mr. ROSE sworn.

I have known him about three years, I am enabled to give him the best of characters, and so far enabled that I have commissioned him with money which he has carried to considerable distances, and has fetched money from a considerable distance, and has always been honest, punctual and upright.

- MUNDAY, Esq. sworn.

Court. What are you? - I am no business, I live on my fortune, I have known the boy four or five years; I always found him very honest and sober, I have entrusted him with several pieces of money; if he is acquitted I will willingly take him into my service.

Dr. Brooks. So will I.

GUILTY, Of stealing the handkerchiefs .

Jury. In consideration of the character and circumstances attending it, we beg leave to recommend the prisoner to the Court.

Court. At the same time we must enquire what would be best for him. Does any of the gentlemen who has been so good as to appear for this poor boy, point out a way of disposing of him.

The Rev. Mr. Rose. My lord, provided this boy is acquitted, there are more than one, two, or three that would take him into their service.

Court. Have any of you, gentlemen, any employ for this lad; he has been found guilty, but if you can find any way of employing him, that is likely to prevent him from falling into these courses again, I

can not withstanding that verdict put it into your power to do so.

Mr. Munday. I have that opinion of him, I will willingly take him into my service.

Court. That is very humane of you Sir, I hope you will never have any reason to repent your goodness. Let him be privately whipt , and delivered to this gentleman.

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-69
VerdictNot Guilty

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251. CHARLOTTE BRERETON was indicted for stealing, on the 23d of January , one guinea , the money of Thomas Devall .


I was intoxicated in liquor the 23d of January; returning to my lodgings about half past nine, which is at the White Bear in Princes-street, Red Lion-square, I was accosted by a woman, I never saw her before; she is not here, I believe it was in Newtoner's-street in Holborn, I went with her to her lodgings, the prisoner at the bar was at the room that she took me to; they then asked me for something to drink, which I gave them; I gave the money to the woman that carried me there.

Court. What money? - As much as paid for two or three glasses of gin, about three pence I believe; as soon as they had drunk it, I found it was rather late to go to my lodging; the woman that I went with asked me what I would give to sleep there; I told them I was a servant out of place, and it was out of my power to give much; but what she asked I would give her; I gave her a shilling; in a very short time they fastened the door, and both of them went to bed; I put a guinea into one of my stockings, I did not take them off; whether they saw me I do not know, but they both rose out of bed immediately, and insisted upon taking the money out of my stocking, or I should not lay there; they insisted upon it several times; I took about two shillings out of one stocking, and put it into my breeches pocket; and a guinea out of the other, and put it into my watch-pocket; I had no sooner put the silver into my breeches-pocket, and the guinea into my watch-pocket, but I took my coat and waistcoat, and breeches, and hung them over a chair about a yard from the bedside; I had not been in bed above three or four minutes, before I heard the chair drawed by the prisoner; I asked her what she was about; and in three or four minutes I found her laying on the side of the bed, and I thought she had taken my money; I said it was a lodging I did not like; upon which she got up, and unfastened the door, and ran up stairs; I got up directly, and could not find my clothes, and a strange woman came in with a light, and when I took up my breeches, I missed my watch and a guinea; I found my breeches on the floor, close by the chair, and my watch, a shilling, and a knee-buckle laying upon the floor under my coat and waistcoat; then I charged the watch with the prisoner.

Did you search the floor for the guinea? - I sought for it some little time, but I did not give myself much trouble about it.

Why might not the things you lost be on the floor as well as the others? - Very possibly they might; I think it was impossible the other woman could take them, I am sure the prisoner is the person I was with; she denied knowing any thing of it.


I went into the room for my bonnet, the gentleman told me if I would come to bed, he would give me a present; he would not. I told the watchman to search about the floor, the guinea might be about he floor; he would not; I never saw any thing of the guinea.


Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-70
VerdictNot Guilty > non compos mentis

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252. MARY COLEMAN was indicted for stealing, on the 23d of February ,

a pair of stays, value 12 s. the property of Henry Marks .


On Monday the 23d of February, I observed the prisoner passed my shop, which is No. 10, High-street, Bloomsbury , three or four times; we had suspicion of her, she came in and took a pair of stays off the hooks, on which they hung; she said nothing; there was another pair close by, to which these were joined by a thread, to prevent their being taken without our perceiving it; she gave them a pull which snapt the thread, and made a little report; I saw her roll them up, I went out and took her, and she was taken before the magistrate; I then thought she had the appearance of being in liquor.

Court. Did you observe any appearance of insanity at that time? - There might be, but I thought she was in liquor.

JOHN OWEN sworn.

Court. Since this woman has been in Newgate, what has been her appearance? - She has frequently stripped herself naked, and ran about the yard naked, and the prisoners are continually complaining for want of rest; when they are locked up, she disturbs them in such a manner.


Court. Let her be detained in order to be properly disposed of.

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-71

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253. MICHAEL O'DONALD was indicted for stealing, on the 14th of February , a copper coal scoop, value 2 s. the property of John Turnbull .


I am a brazier in Ratcliffe Highway , on the 14th of February, between seven and eight in the evening, I was in the shop, and I saw a coal scoop go from out of the door, which I suppose must have been taken out by a hand; I did not see the prisoner, then I ran out, and found the prisoner in custody of two men.


I saw the prisoner open the door, and put his hand into the window, and take out the coal scuttle; the door was not quite shut, and he pushed it open, and took it out.

The Coal Scuttle deposed to.


I was walking along, and I saw a boy coming out of the shop, and he dropt the coal scuttle; they took me, and used me ill, and beat me.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-72

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254. ELIZABETH SMITH was indicted for stealing, on the 23d of January , a cotton gown, value 7 s. the property of - Linton .

- LINTON sworn.

I live in Dyet-street, St. Giles's, on a Wednesday, about five weeks ago, I lost a cotton gown; I lost it from Mr. Martin's; I lodged there that night below stairs; I lost it between nine and ten o'clock; I pulled it off at eleven the over night, and I missed it in the morning, when I went to get up; I saw the prisoner about a fortnight afterwards, and she confessed she had pawned it.

Court. Did you make her any promise to induce her to make that confession? - I told her, if she would let me have my things I would be as favourable to her as I could.


I am a servant to Mr. Lane, a pawnbroker, in Drury-lane, on the 23d of January, the prisoner at the bar, in company with another woman, brought this gown; the prisoner said it was her's, and told me her name was Elizabeth Dixon ; I lent her 5 s. 6 d. on it; I believe it was on a Wednesday or Thursday.

(The gown deposed to by the Prosecutrix.)

Court. Do you know the prisoner? - Yes, she laid in the same room with me that night in another bed.

What name does she go by? - By the name of Ann Dix and Elizabeth Smith . - I did not see her in the morning she went off, she was up before me.

Court. How long is it since you found your gown? - Before I saw her, I was told it was at Mr. Lane's; I found it about a week after I lost it: there was a woman taken up before of the name of Catherine Maria , they call her Irish Kit; and she was sent to prison by Justice Walker.


She took up another person first; I lodged at Mr. Martin's about two months ago, I left it to go to Bethnal-green to work; I had a little money owing me at St. Giles's, and I came there on a Saturday night to get it, and I met this Irish Kit, and she and me had a quarrel; and she went and told Mrs. Linton, and I was taken up; the room where she says we lodged together, is a common lodging room, they let it two pence a night; I did not sleep there that night that she says she lost her gown.


Imprisoned six months .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-73

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255. MARY REED was indicted for stealing, on the 20th of February , two shirts, value 4 s. two shifts, value 3 s. four pair of stockings, value 4 s. one bed-gown, value 2 s. two table-cloths, value 5 s. a pocket handkerchief, value 6 d. and a night cap, value 3 d. the property of Mary Segary .


On the 20th of February (Friday) I lost the things in the indictment; I live at No. 1, in Howland-street ; I rent the front kitchen there; I was going out, about half after nine in the morning, and I met her in the back kitchen, which I have the use of for washing; and she asked me, if I did not know the name of one Brown, I said no, I did not; I perceived she had something; I did not suspect her till I went into my room, and missed the things; I was very much alarmed indeed, and very much frightened.

Court. Mention the things you lost? - There are two shirts, two shifts, four pair of stockings, one bed-gown, two tablecloths, one pocket handkerchief, and one night-cap; I am a widow, with three children; these things were entrusted to me to wash; when I found the things were taken, I immediately went into the street, and met Mr. Canby, who is a witness here; he took her, and brought her back; I had told him what I had lost.


I live near the last witness; on Friday the 20th of February, I was going up Howland-street. I met the last witness; she was crying, and appeared in great agitation; she told me she had lost the things in the indictment, and described the person of the prisoner; I pursued her, and had information from a publick-house boy, which way she went; I pursued her down Charlotte-street, and she was running; when she perceived I had got ground of her, she stopt and began crying; I asked her what could induce her to rob such a poor woman; she

cried, Oh, Sir! Oh, Sir! I then wanted to take the things out of her lap, which she refused; I took her by the arm, and led her to Mrs. Segary's; I then took some of the things out of her lap and shewed to Mrs. Segary, and she said it was her property; and she told me, that the prisoner was the person that she saw in the kitchen before, she said so in the hearing of the prisoner; the constable took her to the watch-house, and searched her pockets, and there he found two nails, which appeared very bright, one turned up like a pick-lock, it appeared very much used.


I am a constable; I was going along Howland-street just at the time; the things I now produce I found in the prisoner's apron; I have had them ever since, and I found these crooked nails in her pocket.

(The things deposed to by the Prosecutrix.)


I am not guilty of the fault laid to me.

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


Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-74
VerdictNot Guilty > no prosecutor

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256. ANN BIRCH was indicted for stealing, on the 21st of January , fourteen pounds weight of bacon, value 5 s. the property of Thomas Gardner .

Thomas Gardner and William Lee called on their recognizance, and not appearing, the prisoner was ACQUITTED .

Recognizances ordered to be estreated.

Tried by the first Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-75
SentenceNo Punishment > sentence respited

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257. MOSES HOLLOWAY was indicted for stealing, on the 2d of February one leather hide, value 40 s. the property of Christopher Croxford .


I am a collar-maker ; I live at Acton; I lost this leather hide on the 2d instant in the evening, rather before seven; I lost it just it by Sir John Lad 's stable, in Oxford-street, near Hanover-square ; I bought in Castle-street, Long-acre; I lost it from a cart; there were four horses' hides with it; this is a cow's hide dressed in a different manner; I was in the cart, it lay atop of the others underneath my legs as I sat in the cart; I lost it in an instant, I did not see the person that took it away; I saw it since in Mount-street watch-house, in about three quarters of an hour after I lost it; when I bought it I only wanted half the quantity, but the currier said, if I would take the whole, he would abate me a shilling, and he cut a nitch out of the side before I bought it, that satisfied me that it was my hide; I put two C's on it at the office in Poland-street; I was desired to take it home, and I kept it ever since.


I took the skin, and carried it to the watch-house, from the prisoner, in Grosvenor-street, on Monday the 2d of February, a very little after seven, I came up to him, and said, where are you going with this parcel? and he dropped it directly; he was committed.

Did he say any thing about it, besides dropping it? - No.


I am a brass-founder; as I came out of New Bond-street into Oxford-road, between six and seven, I saw two men behind the cart, and I had the curiosity to watch them, and I saw them take out this bundle, and I went up to Mr. Croxford, and asked him, if he had lost any thing out of his cart.

Was the prisoner one of the men? - Yes, I am sure he is the same person; I followed him immediately, there were four of them in the whole; I saw nothing in his hand, but this was on his shoulder; there were two men taking it out of the cart, and the other assisted them upon the pavement; they did not hear me give any alarm; they all went the same way; I did not take him, I called some coachmen who stood at the corner of a street, to assist me, which they did; and this Bullen took the property from him; I saw him take it from him, he was taken to the watch-house, and the hide was left in the watch-house in the care of the constable of the night.


Three men asked me to carry it to James-street, and offered me sixpence; the men were behind me; and the gentleman came up, and took it from me; and the other three men ran away.

The Prisoner called three witnesses, who gave him a very good character.


Sentence respited, being sick .

Tried by the second Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-76
VerdictGuilty > lesser offence

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258. THOMAS ONSLOW was indicted for burglariously and feloniously breaking and entering the dwelling-house of George Seddon the elder , Thomas Seddon , and George Seddon the younger , about the hour of six in the night, on the 20th of January , and burglariously stealing therein one looking-glass in a mahogany frame, value 4 s. their property .

GEORGE SEDDON, jun. sworn.

On the 20th of January this looking-glass was put into the window, marked, in order to find out the thief; we had lost several things; I knew nothing of the robbery till the prisoner was brought to my compting-house.


I saw the prisoner open the door, and put his hand into the shop, and take the glass out of the window; I was at the farther end of the shop; I hallooed, stop thief! as loud as I could; and when the prisoner got a few yards from the door I saw him throw the glass in the street, I ran after him, and never lost sight of him till he was taken; I am sure he is the man that took the glass; there was a man that was set there to watch, but he saw nothing of it, I was watching also.

What state was the door in? - The door of a night is generally on the spring, we have a spring and a catch.

Then the door was shut to without being catched? - I will not say whether it was catched or not; I believe the spring was not let loose that night; it was shut to.

Had the door any fastening at all? - There is a catch and a spring, when the spring goes it will not open without somebody comes to open it for them.

Do you know of your own knowledge, whether it was catched or no? - I cannot say whether it was catched or not; but I know if anybody goes out of the shop the door will catch.

How came you to watch in the shop? - Because we had lost so many things, and we set the glass there to catch the thief.

Then, if the spring had not been let go they could come in to take the glass? - I suppose it was the mistake of the porter not shutting the shop.

Did you know that the porter had committed that mistake then? - Yes, I knew that the door was left in that manner to see if any body would come in.

Then it was not the mistake of the porter; now, perhaps, you thought it more likely that somebody would come if the door was shut and not latched? - I believe it was latched, because if any body goes out, it will catch, but I cannot say whether any body had gone out, or whether it was latched.


I am servant to Mr. Seddon; on the complaint of the clerk of repeatedly losing things, this scheme was formed for detection; this evening a person was secreted in the front shop, and I took upon me to watch out of the door on the opposite side of the way; after waiting about three quarters of an hour, this prisoner, in company with others, came and walked to and fro for some time, and then they looked into the shop to see in what state the clerks were; after walking backwards and forwards, I suppose ten minutes, that young man went on the steps, laid on his side again the door, and whether the door was open or not, I will not say; but he went in, he returned with the glass in his hand; I met him at the last step of the door, I endeavoured to stop him, he took to his heels, I pursued him instantly; he dropped the glass, I followed him some time after, but not long enough to lay hold of him, he was never out of my sight.


I only took up the glass.


I am the constable; I was sent for by Mr. Seddon to take charge of this man with the glass; I took charge of him, and searched his pockets, and found this hooked wire in his pockets; I have the glass.

Court to Jones. Is the glass that the constable has got the same that you stopped, and that the prisoner had? - Yes.

Is that your master's property - I cannot answer for that.

A. Elmsley. I marked the glass.


I was going by at this time, I was about twenty yards off, and a man came, and knocked me down with his stick, and brought me to the shop, I am as innocent as you are yourself.

GUILTY Of stealing, not of the burglary .

Court to Prisoner. Though the circumstances of the evidence have enabled the Jury to spare your life, yet the case is attended with circumstances that make it the duty of the Court to pass as severe a sentence upon you as the verdict of the Jury will warrant; because it is perfectly clear that you were with a gang of other people, and from the instrument that has been produced, there seems to be no sort of doubt of the purpose for which you were connected together; you appear therefore to have taken this trade of shop-breaking, and drawing things out of shop windows; it is high time this practice should be stopped; the Court will allow you the benefit of your clergy; the verdict of the Jury entitles you to that: The sentence of the Court is, that you be

Transported beyond the seas for the term of seven years .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-77

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259. LAWRENCE MENDOZA was indicted for stealing, on the 31st of January last, one hair trunk, value 2 s. a linen shirt, value 5 s. a bedgown, value 6 d. a child's toy called a horse and cart, value 3 d. another child's toy called a doll, value 3 d. a muslin cap, laced, value 6 d. an apron, value 2 s. a neck handkerchief, value 6 d. a pair of stockings, value 3 d. a pair of scissars, value 6 d. a pair of robins, value 6 d. and two clouts, value 3 d. the property of John Russell .

The witnesses examined apart.


I only prove the property.


I am wife to John Russell ; the prisoner between six and seven of the last day of January, attempted to get the box from me by consent.

What do you mean? - I was going from No. 4 in the Cloisters, moving my lodging; I was going to No. 5, Red Lion-court, Catherine-street, in the Strand; I had the trunk under one arm, and the child in the other; the prisoner overtook me a little beyond St. Andrew's Church, Holborn; he said I must be very much tired, and desired me to let him carry the trunk a little way; I said I would not deliver my trunk to any body, that I did not know, there were such accidents happened in London; he walked with me to Middle-row, Holborn; and I went through Staple's-inn, I was going to call at my brother's; when I came to the Inn, I says, Sir, I will thank you, if you will give me my box; he then said, I was not afraid to trust the child with him, and he took the child from me by force; I told him I did not like to let the child go; then he carried the child a little way, and I suppose he must pinch the child, I will not swear that; the child cried violently; I took the child from him, and then he took the box from me by force.

Did you give him the trunk to carry when you took the child from him? - No I did not indeed.

You are sure of that? - Yes; when I come to the passage that leads to my brother's at No. 5, in Bell-yard, I desired him to give me my box; he said he would not before I got something to drink; he said I must be in want of something to drink; says I, Sir if you want any thing to drink, you can get it at this inn, I believe; he said no, we will go to the public-house a little way below here; I really do not know the name of the inn, it is in Chancery-lane , on the right-hand side of the way going down; when he came to the public-house door, he left the box just at the edge of the door, I was afraid some of his comrades would take it, and I took it up myself, and carried it into the public-house, and he asked me what I would drink; I said I did not care what; he called for a quartern of gin, he paid for it, he drank the first glass himself; at the time I was taking the glass to my lips, I did not taste the liquor, he whipped out of the door with the trunk in his arms.

Where had you put the trunk when he took it up? - In side the public-house, just by the door in the tap-room; all this was in the tap-room, there are witnesses to prove it.

What public-house was this you went into? - I think it is the Mitre in Chancery-lane, I did not know the public-house, I never went into a public-house with a strange man before in my life; I went out with the glass in my hand, and said O Lord! O Lord! my box is gone; I went as hard as I could run, and called out stop thief, as loud as I could, and he was stopped by the patrol at the bottom of Chancery-lane, near Fleet-street; I have spoke nothing but the truth, he had the trunk when he was stopped by the patrol.

Mr. Garrow, Prisoner's Counsel. Mrs. Russell, you had not been acquainted with the man before, he was quite a stranger to you? - Quite a stranger, I never saw him before.

And you was going from St. Andrew's Church to Middle-row? - I was going from No. 4 in the Cloysters, Newgate-street, to No. 5 in Red Lion-court, Catherine-street, in the Strand.

You went into the house with the man who was quite a stranger to you? - I went in to follow my trunk.

Then when he had paid for the liquor, he took up the trunk, in the presence of all the people, and went out? - Yes.

There were several people there? - Yes, I do not know how many, I was quite ashamed.

Do you know any woman of the name of Ewitt or Ewen? - I cannot say I do.

Are you sure you do not? - I cannot say I do.

How long has your name been Russell? - About a year and a half.

You have been married as long as that; where was you married? - I am not come to swear that.

Court. Was there any thing of John Russell 's own in the trunk? - There was a shirt and neck handkerchief.

Mr. Garrow. I ask you the plain question; upon your oath, is not your own name Ewitt, or Ewen? - No, it is not.

How long has your name been Ewitt or Ewen? - It never was.

What was your maiden-name? - Elizabeth Gurnsey.

That was your maiden-name? - Yes, I never went by the name of Ewitt or Ewen, I never went by that name in my life.

Do you mean to swear that positively? - I do.

Where was you married? I do not ask you whether you are married.

Court. Where was you married? - If the Judge requires me to say it I will.

Court. Yes. That is not an improper question.

Mr. Garrow. What church or chapel was you married in, I fancy the child could answer it as well as you? - I cannot say.

Do you mean you have forgot it? - The prisoner said he would be d - d if he did not make my husband fly the country.

Mr. Garrow. If it is understood that is all I mean: do you remember saying before the Lord Mayor, that you had never been in that house with the prisoner at all? - No, I never said it, I spoke before the Alderman as I speak here.

You are positive you never said so? - Yes, I can swear that.

Did not you say before the magistrate that you did not know he was the man? - The prisoner's brother came, and drew out two of my brothers, I swear to the man.

Did you say before the magistrate, that you did not know that this was the man? - I never did; after I swore, and kissed the book.

Did you before you kissed, say that you did not know whether this was the man or not, at any time or at any place? - I am not come to answer that.

Did you at any time or at any place say, that you did not know whether this was the man or not? - I swear to the man, and I swear the truth.

Nay, more, did not you say he was not the man? - I said at first as the prisoner's brother ordered me, and I swore to the man.

Court. Did you ever say he was not the man to any body? - No, I did not.

Never to any body? - I said before I swore, but I swore to the truth.

Upon your oath did you ever say that he was not the man? - I never said that he was not the man.

Court. You never said to any body that he was not the man; you are sure of that? - I cannot say whether I did say so at Guildhall.

What magistrate was it that you was examined before? - It was that Alderman.

Mr. Garrow. Do you recollect his name; the Alderman is in this house, now at this time; upon your oath, did not you say distinctly, before the Alderman, that this was not the man that had the trunk? - No, I did not say that.

What did you say? - I said I rested the box at the door, and that with the fright the man run away with it; I did say that I could not swear rightly to the man, but then there were evidence that could speak the truth, and they made me kiss the bible.

Did not you say before the magistrate that this was not the man? - I am not to answer, I cannot answer it.

Did not you say, before you was sworn before the magistrate, that this was not the man? - I said I could not swear to the man, but after I took my oath I spoke the truth.

Then you did say before the magistrate that you could not tell which was the man? - They made me say it.

What was the price that made you say that? - I never took any thing myself.

Who did; who was your trustee on this occasion? - My husband got into a public-house, and they made him drunk; they offered seven guineas, he took three; and afterwards he offered it back, and they would not take it.

Was you present then? - No, they said it afterward, I was not present.

Do you mean to swear that; was not you in the room when he took it? - I was not.

Nor in the house? - I was not.

Mr. Russell told you he had got three guineas? - That I should not speak the truth till I was made to be put to my oath.

So you took three guineas to tell a lye, resolving at the same time to tell the truth; the prisoner was in custody, I take it for granted? - Yes.

Is not that since you was before the magistrate? - No, it was before I went to the Justice; it was the Sunday following after the Saturday.

Upon your oath did not you tell the Justice, that you had not been into any public-house at all? - No, I did not.

Do you swear that positively? - Yes, I will swear that positively, I will indeed, not after I had taken my oath I did not.

Did you before you took the oath? - I said I was standing at the door.

Did not you tell the Justice that you had drank no liquor with him, and had not been into any public-house? - I did not say those words; I am not able to stand.

Well then let her sit down; do you mean to swear that you did not tell the Justice, that you had not been in any house? - I told the Justice at first that I had rested my box at the door, and there was a man took the box, but I could not swear to the man, that I called out stop thief, but could not swear to the man.

Did you say distinctly upon being asked the question by the Court? - I was not asked that question by the Alderman.

Nor by any body else? - I was not asked that question by any body else; I said nothing before the witnesses was sworn.

Before or after, or at any other time, did you or not say, that you had not been into any other house? - I did not say it.

How far is this Mitre ale-house from the bottom of Chancery-lane, Fleet-street? - It is by Serjeant's-inn, Fleet-street.

Next door to a very convenient house, where there is a lamp in the window? - I never was with a strange man in a public-house.

Is not it opposite Serjeant's-inn coffee-house? - I cannot say, I never was in the public-house before, it was in the evening before dark.

You did not go to your brother before you went to the ale-house? - He would not let me have my box, I was obliged to go.

Why did not you complain when you went into the public-house, and tell them that this man had robbed you; you chose gin, did not you Mrs. Russell? - I did not Sir.

Was not gin ordered by your own desire; was not it the liquor of your own chusing? - I cannot say but it was; I must have my box.

Do you remember saying before the magistrate that you did not believe the man, whoever he was, intended to take your box away, but that you was in a flurry, and cried out stop thief? - I am quite sure I never said that.


On Saturday evening between six and seven, I was at the Mitre in Chancery-lane, and while I was drinking part of a pint of beer, the woman and the prisoner came in there, and he asked the woman what she wished to drink; she said gin; he desired the landlord to give him the best gin, the landlord gave it him, and he drank the first glass; while the woman was drinking the second glass, he took up the trunk, and out of the door he went; the woman went after him.

Who brought in the trunk? - The woman, I am sure of that; she went after him as soon as ever she could turn herself round with the child, and called out stop thief; and I likewise called out stop thief; he was taken at the bottom of Chancery-lane with the trunk upon him, I was not nigh enough to see him; I saw him with the trunk afterwards, the trunk was left in a butcher's shop, and he was brought to

the publick-house where he took it out of; he said his name was Mendoza.

Mr. Garrow. This publick-house is very near the end of Chancery-lane? - I believe it is opposite Serjeants' Inn Coffee-house.

The woman came in pretty freely? - The woman came in first with the trunk, and the child and he after her as soon as he could; I was before the magistrate, I cannot remember what she said there.

Did not you hear her say before the magistrate, that she did not know the man that took her trunk? - That she would not swear to the man?

Did not she say that she did not know him? - I cannot rightly say that.

Try, try? - I cannot indeed.

Will you swear she did not? - I cannot rightly say that.

Will you swear she did not, Sir, in your hearing? - I cannot say that.

Look across and try, pray Mr. Fitch, what are you? - Sir, what am I; a poor man.

What way of life are you in, look at those gentlemen now, and speak out, take your own time to consider what way of life you are, and then give us an answer. - She told the Alderman.

She did not tell the Alderman what way of life you was in, that is my present question; what way of life are you in? - I get my bread going on board of ships, or waiting on the gentlemen.

How do you mean? - On board the Indiamen, and since then I have got into the India-house.

Which of the warehouses are you in? - I am down at Botolph-wharf now at present.

At that time you was what they call a cadee out of work? - I was not quite out of work.

Did not she say distinctly in your hearing, in the presence of the magistrate, that she did not know the man that took her trunk? - She said she would not swear to him.

Did not she say she did not know him? Try your hand, now, Mr. Fitch. - Yes, I believe she did.

Did not she say, that she stood at the door, and did not go into the publick-house with her trunk? - I cannot recollect, indeed.

Will you swear she did not? - I cannot recollect.

Will you swear that she did not in your hearing say so? - I will not swear that, because I am sure if I was to swear it I should swear a falsity.

Was you present when Mr. Russell made the bargain for three guineas? - I was not.

You have not had any? - I have not, nor ever desired any.

You are to have part of that, I take it for granted.

Court. Do you mean to swear that you are a porter in one of the East India warehouses at this time? - I am down at Botolph's wharf; I have 12 s. a week.

That manner of answering will not do, you must answer it directly? - I am at the compting-house down at Botolph's wharf, and I have 12 s. a week.

I ask you a direct plain question, to which I will have a direct plain answer. - I am at the compting-house down at Botolph's wharf; there is no warehouse there, I go at six in the morning, and I light a fire for the clerks, and I stay there all day for Mr. Dominicas.

How long have you been in his employ? - Last Saturday was a week.

What was you before that? - I used to go on board ship to wait on the gentlemen, as I had been in the Company's employ, and have lost my leg.

Why were you so shy of telling what your way of life was at first? - I did not understand the gentleman's meaning.


I stopped the prisoner with a trunk upon him in Chancery lane, just at the bottom of Fleet-street.

Was he walking or running? - Running.

What did he say when you stopped him? - I laid hold of him, says I, you are not to go any further with this trunk; the gentlewoman that lost it, and a mob was coming; says he, do not lay hold of me, I am going about my business; the trunk was put into the butcher's shop.

Mr. Garrow. He went immediately back with you? - He was obliged to go back.


I know nothing more than taking him into custody; after he was apprehended; he said nothing to me.

Mr. Garrow. Was you before the magistrate with this woman? - Yes.

Do you remember her saying that she did not know this man? - No, I do not remember that.


On Saturday night the 31st of January, just before seven I was in my shop, and heard the cry of stop thief, and they were bringing this prisoner back with the trunk in his hands, and some woman, I do not know who it was; the prosecutrix was there; he said here is your trunk, old woman; the trunk was brought into my shop, I delivered it to Mr. Marsh.

Court to Marsh. Are the same things in it that were delivered to you? - Some few were ordered by the magistrate for the woman, there is nothing more in now than there was then; that woman has the key.


This shirt belongs to me; it is not marked; I know it by this button on the collar, because I covered it with a piece of linen on a mould; I put it on myself, and there was holes on one side of the work; here is a neck handkerchief is mine; I know it by wearing it; and there are a pair of scissars, which are mine; I have had them for two years in my possession.

Court. There are no more of these things that you have any claim to at all? - No.

Mr. Garrow. Did you attend with your wife before the magistrate at Guildhall? - Yes.

Did you tell her what she had to say? - No, I did not tell particularly, she was put on her oath.

What did you desire her to say before she was put on her oath? - I desired her to speak the truth.

Do you mean to swear that, remember she has been already examined; upon your oath, did not you, on the contrary, desire her not to speak the truth? - I told her not to hurt herself, I told her, if she was put to her oath before the Alderman, to speak the truth.

In short, to do any thing short of perjury? - I did not say any thing of that.

Did not you desire her to say before she went to the magistrate, that she did not know the man? - I told her to speak the truth if she was put to her oath.

But if she was not? - I told her not to get into any further prosecution, I should rather the man was cleared than not.

Did not you desire her to say she did not know the man? - I really cannot say, whether I did or not.

Do you mean to swear, that you did not desire her to say that she did not know any thing of this man? - I do not mean to swear, I cannot say but I might.

Did not you? - Well, I do not know but I might tell her so.

Upon your oath, did you or not say so; yes or no, is the only answer I will be content with? - I did tell her to say so.

What was her maiden name before you two were married? - Guernsey.


My Lord, on Saturday night I was going to deliver a message for my mistress, as my master is in the country, and I met

this woman going up Holborn with the child, she seemed very much fatigued, I asked her to let me carry the child, she said, I was very obliging; the child began to cry after she gave it me; she said she would be obliged to me to give her the child, and take the box; she said she was going into Holborn, she kept hand in hand all the way we went to Holborn; I thought she was going to take me to her place, she said she was much fatigued; I asked her if she would have any thing to drink; she said yes; I asked her what; she said, gin; after I had drank my glass, she said take the box, and I will follow you; I took the box, and went about four doors off, and heard the cry of stop thief; this man laid hold of me; and I said you have taken the wrong man, where is the woman? says they you will see the woman, accordingly they came and surrounded me.

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

GUILTY, Of stealing the shirt and neckcloth, and scissars .

To be imprisoned twelve months .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-78
SentenceCorporal > whipping

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260. CHARLES PINXTON was indicted for stealing, on the 13th of February , two iron bars, value 5 s. the goods of Richard Thomas .


I can only prove the property, they belong to my shop-window, I have tried them.


On Friday the 13th, about six o'clock, I was going through Honey-lane-market, I saw the prisoner take the bars, which were standing by Mrs. Thomas's window; he put them on his shoulder and went about twenty yards, and I took him with them on him; they are the bars to the shutter windows.

Sarah Thomas. I am a married woman, and keep a green-shop in Honey-lane-market ; my husband's name is Richard.


I picked them up in the middle of the path-way.


Whipped .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-79
SentenceNo Punishment > sentence respited

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261. JOHN YATES was indicted for stealing, on the 16th day of January last, two pieces of worsted stuff, called duran, containing 50 yards, value 15 s. two pieces of callimanco, containing 29 yards, value 15 s. the property of Edward Dowling the elder , Edward Dowling the younger , and John Dowling .

EDWARD DOWLING the Younger sworn.

I am a partner with my father and brother, their names are Edward Dowling and John Dowling ; I was sitting in our compting-room (towards the dusk of the evening) which has glass windows to it, and commands the warehouse door, so that nobody can either come in or go out without our perceiving it; our servant was shutting up the shutters to the warehouse windows, and my sister alarmed me, and told me there was a gentleman in the warehouse that wanted, she thought, to speak to me; we were all in the compting-house, my brother and my two sisters; I rose up immediately, and I saw a person in the warehouse, he walked across the warehouse; I was told he had some goods under his arm, and I looked, and saw him go out with goods under his arm; I immediately sprang from the compting-room, went forward to the door, and before he had reached the other side of the way I was at his heels, he went on a little farther, and some of his comrades I believe gave him the alarm that he was pursued; the street is very narrow; the upper end of Aldermanbury I saw him fling down the goods, and run across the broad part of Aldermanbury, which is shaped very much like the upper end of the Old Bailey, he went into Love-lane, which is in a large triangle; I pursued him immediately by the cry of stop thief, at the corner of Love-lane I lost sight of him for two seconds, but I am sure no other person made a run across the way, and during the time he was out of my sight he had knocked a person down, I came up time enough to collar him, and give him a couple of blows, and he did not complain of any ill usage, and he was brought back to our house in the course of a minute and half.

Had you any opportunity of observing

so as to form a precise idea of his person? - I had not so much opportunity of taking a view of his person as if I had been wholly occupied in taking him; the goods were picked up by our porter Hugh Jones .

Mr. Leach, Prisoner's Council. What time was this? - It was towards dusk, but it was sufficiently light.

Was it about the time you generally light candles? - We were forced to light candles, because I was writing, but it was sufficiently light enough for me to see him run across the Bury.

Was not it about the time that you usually shut up shop? - It was rather before, because our servant had shut up without our attending to it.

Court. You cannot undertake to swear to his person? - No, I cannot, because my view was directed to his back wholly.


I was going up Lad-lane, and was coming back again, on Mr. Dowling's crying stop thief, and this young man was running as hard as he was able; I attempted to stop him, and he immediately knocked me down, nobody else was near him, but Mr. Dowling and myself, he knocked me down, and I let go of my hold, for about as long as I was getting up, no longer, and he was taken immediately by Mr. Dowling, who collar'd him.

Mr. Leach. A person ran against you, and knocked you down? - He ran against me, and knocked me down, I pulled him with me; he got up again, and Mr. Dowling collar'd him.


A man came to me, and asked me the way to the Golden-Cross, Charing-Cross, while I was telling him, I saw my master come out of the warehouse, and on the other side of the way I saw a man cross, and somebody said at that very time, run for it, and he ran a few yards, and then I saw him drop the goods; I was in Milk-street, just about five yards off I picked up the goods.

Had you an opportunity of seeing him so as to know him again? - Yes, I was close to him when he dropped the goods, it was a wet night.

Do you know whether the person that was afterwards taken was the same person that dropped the goods? - Yes, I am sure of it, the very same person was brought to our warehouse.

(The goods produced, and deposed to.)

Mr. Dowling. These are our goods, one piece was bought from a neighbour to make up an order, we were in a hurry; I know those goods were on the compter, they were part of some returned from the country; I have no doubt at all but they were the goods taken out of our warehouse; there was another lad, who lives with Mr. Allen, in Love-lane, but he had not been running, there was nobody running across Aldermanbury.

What did the prisoner say after you had laid hold of him, and brought him back? - I thought he had been a stouter person than I found he was; he was wrapped up in a great-coat; I struck him twice, he made no complaint at all of ill usage, he said nothing to the charge.

Prisoner. I leave it to my Counsel.

The Prisoner called five witnesses, who gave gave him a very good character.

Court to Mr. Dowling. Do you recollect how the prisoner was dressed the night you took him up? - He was dressed much like what thieves are in general, with a brown great coat on, and a red handkerchief about his neck.

Had you taken notice of his dress at all when you saw him go off from the shop? - I saw a short person, with a hat on, and a great coat.

Had you taken notice of the colour of his great-coat before he dropped the goods? It was in the warehouse, which is rather darker than in the street.

But when you saw him in the street, at the time he dropped the goods, did you see how he was dressed? - I did not remark how he was dressed.

Court to Jones. Did you take notice how the prisoner was dressed when you saw him drop the goods? - He had a silk handkerchief round his neck, and a brown greatcoat.

You are sure of that? - Yes.

How was the lad Lloyd dressed? - In the same dress he is now.

Without a great coat? - Yes.


Sentence respited 'till next Sessions .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-80
VerdictGuilty > theft under 40s
SentenceCorporal > private whipping

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262. CHRISTOPHER DALEY was indicted for feloniously breaking and entering the dwelling-house of John Hurley , between the hours of eight and ten in the forenoon, on the 13th of February , the said John Hurley , and others of his family then and there being, and feloniously stealing ten black silk cloaks, value 9 l. one black silk gown, value 20 s. one yard of black silk, value 5 s. his property .


I am wife of John Hurley , he keeps a sale-shop ; I live in White-horse-street, Stepney , the things mentioned in the indictment were lost between nine and ten; I saw them in the window, in the morning on the 13th of February, on a Friday, about nine o'clock, they all lay in the inside of the window in the shop, there was a glass slide that shoved before them, they all lay together in one place one upon another; I did not see them on the prisoner, we had not had a customer before the things were missed, none of our servants had been out, the door was opened when the shop was opened, that was about eight o'clock.


I am a carpenter; being a near relation to the prosecutor, I very frequently go into the shop and mark the things, and the major part of the property here are of my marking.


I am an officer; coming from Stepney I saw the prisoner and two more by Alderman Shakespeare's Causeway, about fifty yards up the causeway, I saw them come out of Brook-street and run; they were all dressed alike.

How far is Brook-street from Whitecross-street? - I look upon it where I took the prisoner was about three hundred yards from the prosecutor's house; it was between nine and ten on Friday the 13th of September; I saw them all divide themselves, and the prisoner walked up first, I did not hear them converse together, I was too far off from them, they were all together; as they turned up the street, after one turned up the street, another made a sham to stop; and as the prisoner walked past me, I thought he had something under his coat, and I took hold of him; he said he had been of an errand for his mother, but he could not tell where; I found this bundle just as it is now wrapped up in this apron; the apron was not tied round him; they appeared to me to be all gentlemen's sons at first, I took them to be all brothers, being dressed so genteel; he had the bundle under his great coat, the property was sealed up, and I left it in the prosecutor's possession, that they might not be rumpled; I sealed it, and left it till I went to the magistrate's, then I put my seal on, and gave them to the prosecutor.

Mrs. Hurley. I brought it here.

Forrester. This is the seal I put upon it; (produced and deposed to) he said they were his mother's in the street; I took him to the public-house and tied his hands; the other two flew like lightning.

Mr. Leach, Prisoner's Counsel. At the time you found the property, did it appear as if it had been in the dirt? - There is

one of them appears to have a little dirt; it was not a dry morning, he told me afterwards that he found them on a dunghill; I do not know there is any reward in this case; Mr. Berry, the clerk of the indictments examined the gentlewoman whether her door was fast; and she said yes.

Court to Mrs. Hurley. Did you see the door fast yourself? - Yes, I saw it fastened when I went out of the shop.

Who opened the door in the morning? - The apprentice; I did not see him open it, I came down a little before nine, and went into the shop.

How did you find the door when you came down a little before nine? - I found the door shut.

Did you go out at that time? - I went out about five minutes into the kitchen, and I left the door fast, and when I came in again I found the door was open, and I missed the things.

Did you see the apprentice fasten it? - No; if the door had not been shut, I must have seen it was open.

It is possible that it might be very near shut? - I am sensible it was shut.

Will you venture to swear that you observed it so, as to know it was shut? - Yes.

When you made this observation upon it, was it before you went down into the kitchen? - Yes.

You did not try it? - No.

How long was you in the kitchen? - I imagine it might be five minutes, it might be more, but I do not think it was; when I returned I found the door was wide open, and the things were gone; when I came back it was after nine, nothing was broke.

Have you any of your servants here, or that apprentice, to speak about the state of the house? - No; I can speak with certainty to all the cloaks to be mine; one of them I took the lace off myself, and some of them have our marks; some is not marked, but I am very sure they are our property; I did not know directly the number I had missed at that time.

Have you at any time examined your shop? - I thought I missed about eight or nine, but I did not know I had lost ten; I was not sure to the number.

The things deposed to above the value of 40 s.

The prisoner called three witnesses who gave him a good character.

GUILTY, Of stealing, not of the burglary, to the value of 39 s .

The Court having received security that he should be sent out of the kingdom, ordered him to be

Privately whipped, and discharged .

Tried by the second Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-81
VerdictNot Guilty

Related Material

263. THOMAS THOMAS , and JOSEPH M'DONALD were indicted for stealing, on the 1st of February , thirty-two pounds weight of lead, value 3 s. 6 d. the property of William Reed , affixed to his dwelling house .


Tried by the first Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-82

Related Material

264. JOHN WILLIAMS was indicted for stealing, on the 19th of January , a metal watch, value 21 s. the property of Edward Hart .

The prisoner came into the prosecutor's shop to buy something, with another lad, and was seen to take the watch off the mantle-piece, and was pursued, and flung it into the road.


Transported for seven years .

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

25th February 1789
Reference Numbert17890225-83

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265. WILLIAM NICHOLLS was indicted for stealing, on the 13th of January , sixty-six pounds weight of bar iron, value 4 s. and two iron rings, value 1 s. the property of William Jones .

The prisoner was taken with the iron in his apron.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-84
VerdictGuilty > lesser offence

Related Material

266. JOHN GATES was indicted for burglariously and feloniously breaking and entering the dwelling house of George Steward , about the hour of six in the night, on the 26th day of February , and burglariously stealing therein, a looking-glass in a wooden frame, value 20 s. his property .


On the 26th of February I went into my parlour at half after five, or a quarter before six, I shut my windows quite close, and in one of the sconces of the glass I put a candle lighted; my boy came in and told me my glass was going out of the window, there were many people in the tap-room, sitting in the boxes, nobody could go into the parlour without my seeing them; there was a spring-lock to the door.


I saw the prisoner standing by the parlour window on the outside, and another man gave him the glass; I told my master; the one slipt and broke the glass; a man went after him and picked up the glass, he ran away; I knew the prisoner again, he had a leather apron on.

James Cates , a watchman, confirmed the above.


This man is swearing my life away; I am innocent.

The prisoner called one witness to his character.

GUILTY, Of stealing the goods, but not of the burglary

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-85
VerdictNot Guilty

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267. WILLIAM GREGORY was indicted for stealing, on the 10th of February , one saw made of iron and steel, called a tenant-saw, value 1 s. one other saw called a sash-saw, value 9 d. the property of George Carpenter .


Tried by the London Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-86

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268. MICHAEL LEE was indicted for stealing, on the 27th of January , a wooden trunk covered with seal-skin, value 5 s. four frocks, value 40 s. three linen gowns, value 40 s. seven linen shifts, value 45 s. a linen handkerchief, value 6 d. five pair of cotton stockings, value 15 s. two cotton frocks, value 7 s. three ditto, value 7 s. two unfinished shirts, value 40 s. five night-caps, value 2 s. the property of Lovelace Bigg , Esq .

Mr. Garrow. Let the other witnesses withdraw.

LOVELACE BIGG, Esq. sworn.

I was coming with my daughter to London on the 27th of January; I had a trunk before the chaise, and having been cautioned about the possibility of its being cut off the chaise, both me and my daughter looked frequently to see if the trunk was on; the last time we saw it on we went into the next street by the Seven Dials; there we missed the trunk, the postilion-endeavoured to see whether it was dropped, it was not dropped there; I think that was near

six o'clock; I then recollected the Rotation-office at Litchfield-street; I went there and gave information of my loss; I was called back by some of the people belonging to the office, saying that a trunk was secured at the watch-house, and that a man was brought in; the trunk I verily believe to be my property, but it has been used for my daughter's things; and as to the contents, they were principally my daughter's; she can give an account of them; I waited at Litchfield-street till they brought the trunk and the man; there was then an immediate examination, the trunk was in the possession of one Furneau.

Mr. Garrow, Prisoner's Counsel. How long was it from the time you saw the trunk yourself, till you was told they had seen the trunk? - I should suppose it was twenty minutes or half an hour.


I am a baker, I live in Macclesfield-street, Soho; on the 27th of January, a little after five, there was a noise in the street; a black was running after a man that had taken a trunk from the back of a carriage; I went out at the door, and the people ran down the gateway after him, which was close to my house, and they missed him; I went down the yard and came back again, I stood at my door, and one of my journeymen with me; in about ten minutes a man came out of the gateway with a trunk on his shoulder; I said to my man, that is the man with the trunk, and I stept after him, and caught him at the corner of King-street; the prisoner is the man, my man followed me, I put my hand on his shoulders; says I, my man where are you going with this trunk? he turned about; Oh Sir, says he, I am going to the watch-house; come along, says I, I will go with you; I went round by the left side of him, and my man on the right side, and just as he got the door, my man says to him, d - n me you are a thief; and then the prisoner threw the trunk right like against me, and made a plunge backward, and ran away down King-street; my man ran after him, and called out stop thief; he brought him back; while he was running after him I knocked at the door and put the trunk in the watch-house; when I had got away from the watch-house they were bringing him down King-street; I am sure he is the man, I looked at his face as soon as I had the trunk from his shoulders; the trunk remained in the watch-house till after six, then the gentleman belonging to the property was at the office; they sent for me, and the runners fetched the prisoner, and the trunk was at the office; my man took the trunk to the office, I was with him, I am sure it is the same; they examined the prisoner, and he said he had found the trunk under the gateway.

Mr. Garrow. That he found it under the gateway, and was carrying it to the watch-house? - I recollect he said so, before he came to the watch-house.

Did the prisoner know you before? - No.

Did you know him before? - I think I had seen him before.

Had you had any transaction or conversation with him before? - None, except that I had seen him in the street; my servant's name is Hugh Walker ; the black man lives at the sign of the Sun, a lace shop.

Do you know that the prisoner and your man were acquainted? - Not that I know of, I never knew him before, never spoke to him before.

Was he in the way to the watch-house from Gerard-street? - He was.


I am servant to Mr. Furneau; between five and six o'clock in the evening there was a multitude of people came past my master's window, calling out, here he is gone down the stable-yard; my master and I went down to the bottom of the stable-yard; we heard what it was, and came back; I was standing looking up the street, he whipt out of the stable-yard, with the trunk upon his shoulders.

Court. Who whipt out? - Michael Lee ,

with the trunk on his shoulders; the prisoner is the man that whipt out of the stable-yard with the trunk on his shoulders; I told my master of it; I had a child in my arms; my master ran first, and caught him by the collar; I ran is soon as possible to his assistance; when I accused him of the fact, he directly threw it down, and ran off.

What did you say? - I said, you are the thief; then I might be about five or six yards below the watch-house, and he threw down the trunk; I ran after him, calling out stop thief; he ran as far as Frith-street, where, by the assistance of a shoemaker, he tumbled down; the shoemaker and myself collared him; then my master and me went home; about six o'clock, the watch-house keeper sent for us, they took the prisoner to the Justice; we went to the watch-house, and carried the trunk to the Justice; we took the trunk home again to my master's house, where it has been ever since; the trunk is here.

Was the trunk open or shut? - It was shut when we found it.

Mr. Garrow. How long had the alarm been given before the time that the man whipt out of the stable-yard? - I think it was about 6, or 7, or 8 minutes.

You had given up all thoughts of seeing him? - We did, not having seen him before, only hearing of him; there might be a dozen or fourteen people pass our door; my master's house is the corner of the stable-yard.

Did you hear what your master said to him, and what he said to your master when he spoke to him? - The answer that the man gave was, that he was carrying the trunk to the watch-house; at the watch-house he said, that he had found it, and that he was carrying it to the watch-house.

Where did he say he found it? - He said he found it under the gateway in the stable-yard; when he was taken to the watch-house, both before and after he was at the watch-house, and at the Justices, he said the same thing; I never saw him before my knowledge.

When he threw it down, and threw it out of his arms, and ran off, had he said so about that time? - Yes, before that time.

Prisoner. How far is King-street from the watch-house? - About twelve or fourteen yard, not exceeding.

(The trunk produced.)

This is the trunk.


Court. Do you know that trunk? - Yes.

Is that the trunk that was on the chaise at the time you was coming to London? - Yes, I am sure of it.

Have you the key of it? - Yes.

Give it to the officer to see if he can open it. (The trunk opened.)

Miss Elizabeth Biggs . This is my writing, it is a list of the things, I saw them put in.

Court. You live with your father? - Yes.

HENRY DANIEL (a Black) sworn.

I live in King-street, Covent-Garden.

Court. Are you a Christian? - I hope so.

Do you profess the Christian religion? - Yes, I do.

Then, if you do, you will do well to recollect that you are upon your oath, and that a man's liberty is at stake: You have been baptized, have you? - Yes, I have. I was going of an errand, it was on a Tuesday night, or Thursday, I met a post chaise coming; it met me as I was coming up Gerard-street , and I saw a man underneath the post chaise, and that man I thought riding behind the post chaise might have fell, and got himself tangled by the nails, or something, and I was going to halloo out; and there was another man came up, and told me, if I opened my mouth he would knock me down directly; I held my peace 'till the man came from under the

post chaise bringing a trunk with him, he passed close by me; I did not say anything, but stopt 'till the man got just out of my sight, thinking that this man was robbing the chaise; I spoke directly, as I spoke the other man ran off; I ran into a shop, and acquainted them of it, that a man had cut a trunk from behind a chaise, directly I followed him; I did not see the man afterwards, not after taking the trunk 'till I saw him in the watch-house; I went on my errand, and coming back again, I heard an alarm that a man was taken; I went to the watch-house, and saw the man that had the trunk.

Are you very sure that that man you saw at the watch house, was the man you saw with the trunk on his shoulders? - Yes, I saw him once at the Rotation-office; I knew him again then, that is the man that I saw with the trunk; I never saw him before to my knowledge.

Mr. Garrow. The first thing that you observed, was a man as you thought entangled in the wheel of the chaise? - Yes.

Then somebody else told you they would do you a mischief: How long was the man when you saw him in your view? - About three minutes.

He was leaning on the perch? - Yes, he went away with the trunk, he went the same way that I was going.

You had never seen him before in your life? - Never.

When you went to the watch-house, you had been told that the man was found with the trunk? - Yes.

Therefore you expected to see the right man at the watch-house? - Yes.

When you came to the watch-house then you saw this man? - Yes.

Now, how is it, that you come to swear positively to a man whom you saw the first time in your life, for three minutes leaning on a carriage, and running with a trunk? - Because, when he came from under the coach, it was almost the turn of a street, and he came as near to me as I am to you, and he was going quickly, and I saw his face by the light of the lamps.

What time of the evening was it when you first saw the man? - Between five and six, the 27th of January.

You did not see his face while he was under the carriage? - I did not, I saw him when he came from the carriage, and came on the pavement.

How near was the other man at the time? - He was standing almost abreast of me; my attention was a little taken up with him after the prisoner was gone by me.

Had not the prisoner an iron on at the watch-house? - I did not see it, I heard that the man was taken, and as I was going to the watch-house I expected to see the same man I saw before.

- RICHARDS sworn.

I am a shoemaker; I was at work, I heard the cry of stop thief; I got out of my stall; the corner of Frith-street, Soho Square, the prisoner turned the corner; and as I got out I attempted to lay hold of him by his great coat, he was running, I missed my hold; I went a little further, and went to lay hold of him again, he stript his coat half-way down his arms, and I put my foot before him, and threw him down; then I secured his arms that he could not do any thing to me; if he had any thing in his hands, and by that time the baker's man came up to my assistance, and we took him to the watch-house; he said he was not the man that they were in pursuit after, that they took him to be the wrong person; he was quite a different sort of person to what they took him to be.


I am an officer belonging to the Rotation office, Litchfield-street; I know nothing of the prisoner, only fetching him from the watch-house to the office, I searched him, and found a knife in his pocket, and these straps, were left by the desire of the magistrate with me, the post-boy gave them to me.


I am a chaise-driver; I drove that gentleman

and lady in January to London from Hounslow.

Do you remember any trunk being cut off? - Yes.

What was it done round with? - Two straps; I took the straps, and gave them to Mr. Dixon.


I was coming along Macclesfield-street, in crossing the road, I stumbled over something, at the side of the road; I looked at it, and it was a trunk; I immediately thought it would be the best way to take it to some place of safety, that it might be advertised; in going along to the watch-house, a gentleman tapped me on the shoulders, and asked me, where I was going to with the trunk; I told him I had just pickt it up, and was going to the watch-house.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-87

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269. WILLIAM EDWARDS was indicted for stealing, on the 28th of January , a wooden till, value 4 d. a piece of silver coin called half-a-crown, and ten shillings in silver , the monies of James Polley .


I was sitting in my parlour behind the shop, and I heard a noise; I turned my head, and I saw the street-door open, and saw the shop-door open; the prisoner was behind the compter on his knees; he had the till out on the floor, and was going to shut the door; I saw him, and catched him by the collar, and called my neighbour to assist me: I took him to the Justices' office in Clerkenwell; he got the till out, and got it on the floor; there was 12 s. 6 d. ten shillings and half-a-crown.


I was standing at this gentleman's door, and a child was standing by the door; a man came, and had liked to have knocked me against the child; he took and threw my hat into this gentleman's parlour, and that gentleman took me.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice GROSE.

25th February 1789
Reference Numbert17890225-88
VerdictNot Guilty > fault

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270. SAMUEL SHERRINGTON and WILLIAM BUCKLEY , otherwise BUTLER , were indicted for stealing, on the 22d of January , 20 lb. weight of copper, value 10 s. belonging to the trustees of the Old Artillery Ground , affixed to the Workhouse belonging to those trustees, having no title or claim of title thereto .

The names of the trustees not being mentioned in the indictment, the prisoners were ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-89

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271. MARY JOHNSON was indicted for stealing, on the 28th of January , a cotton gown, value 6 d. a yard of printed linen, value 2 s. 6 d. a flat iron, value 4 d. one linen clout, value 6 d. the property of John Muller .

The duplicate of the things pawned by the prisoner was found upon her; she was servant to the prosecutor.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-90
VerdictGuilty > with recommendation

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272. MARGARET GUILDFORD was indicted for stealing, on the 6th of February , a cloath cloak, value 10 s. the property of Martin Murphy .


I am a married woman, my husband's name is Martin Murphy , I live in Cable-street, Wellclose-square ; the prisoner came into my house on the 6th of February, between two and three in the afternoon; she came with a person whom I have known many years, one Christian Fitzpatrick , I had not seen her for some time, and I asked her if she would sit down; she did not, she stood; the other woman the prisoner stood in the shop, and I invited her to come in and sit down; she came in and did sit down; I asked Fitzpatrick if she would drink a draught of porter, and I sent for a pot of beer by my daughter; we had a draught of porter, and I was darning a pair of stockings, my back was to the prisoner; Fitzpatrick stood on my left hand just by the table; there were two foreigners in the room making paper lantherns for candles, my husband was acquainted with them, I was looking at them, it was so curious I did not mind the woman; I turned round, I had no suspicion, I missed my cloak, it was laying at the foot of the bedstead; the woman was gone, before that she was sitting at the side of the bed which was turned up; the cloak was at the top of the bed's-foot, it was visible from the bedstead, so that any body might see it, it was folded up; I asked my daughter if she had put it in the drawer; Mrs. Fitzpatrick remained in the room, I said nothing to her, I ran out of doors, I left Mrs. Fitzpatrick and my daughter, and the two foreigners together behind me; I thought to find the woman, I looked about and turned down a court, where I have twelve houses that belong to me, and I saw her standing in the court joining my house; there is no thoroughfare, the court is a light court; I goes up to her, says I, you have got my cloak mistress; she said yes, she had got it; I saw a little bit of it from under her own cloak, and I took it from under her arm; I came into the house, and she followed me to my door, and I sent my daughter for an officer; I staid at the door with her, and Mary Fitzpatrick was standing there; we stood there till the officer came and took her; I stood there for about ten minutes; the officer's name was Priest; there were a good many people stood at the door till the officer came; the officer took her and locked her up in the watch-house till about six or seven in the evening, when she had a hearing before Mr. Staples in Cable-street; I told the Justice I had lost my cloak, and I would not wish to hurt the woman, if he thought proper; I gave the same account before Mr. Staples as I have done here; she did not offer to give it to me, and I took it from her; I had seen it half an hour before she came in; it was a boisterous day, but it did not rain when I went after her; I have had the cloak ever since.

(The cloak produced and deposed to.)


I am the daughter of the last witness; the prisoner came into our house between two and three with Mrs. Fitzpatrick, an acquaintance of mine and my mother's; we did not know the prisoner, my mother sent me for a pot of porter, and when I came in with it, I found Mrs. Fitzpatrick sitting by my mother, the prisoner was sitting by the bedstead on a chair, I was observing the foreigners making the lanthern; I had not observed the prisoner go out, my mother went out and brought back the cloak along with her; my mother asked the prisoner in my hearing, what made her take the cloak, the made no answer; the prisoner was secured.


I work in the gardens, I belong to Greenwich; I have know the prisoner four years, I never heard any harm of her; I met the prisoner on Thursday morning, and we went on the Friday to Mrs. Murphy's;

as we went along we stopt and got a dram here and a dram there, till Margaret was got almost intoxicated almost in liquor, I was not in liquor, but I was not perfectly sober; Mrs. Murphy asked us to have something to drink; she asked the prisoner to sit down; there were two foreigners making a lanthern; I was taken up with the curiosity of looking at this, and never took any notice of the prisoner; I did not see her go out, I saw no cloak on the bed; the prisoner was rather in liquor.


I am a constable, I apprehended the prisoner; the prisoner appeared to be about half gone in liquor.


That woman Mary Fitzpatrick , goes by two or three different names; sometimes Christian, sometimes Poll Sumpter; she committed a robbery in Whitechapel, and Ben Nash took her up; she was made a fine, Sir, in Clerkenwell, and she came to breakfast with me, and we had a good deal of drink, and she asked me to go with her, and Mrs. Murphy came after me and asked me what I was going to do with the cloak; and I said I was going to take it out of a joke! she took it from me and said, go about your business; and just as I got by Wellclose-square, they brought me back.

Prosecutrix. I was very sober, I never was given to liquor in my life.


(Recommended to mercy.)

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-91

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273. GEORGE NASH was indicted for stealing, on the 13th of February , ten yards of muslin, value 5 l. the property of the East India Company .


I am a deputy elder to the East-India Company, under Mr. Corbet, at the Bengal warehouse ; deputy elders are sworn officers to take care of the property in the warehouse, consigned to the East India Company.

Court. Did you lose at any time ten yards of muslin from the warehouse of the Company? - On the 13th of February, Friday, there was a fine piece of goods lost, and I sent several of the men to hunt among the lots, and they could not find it; I found I had lost it about ten or eleven o'clock in the forenoon; there was a piece found on the prisoner.

JOHN WAY sworn.

I am a labourer in the East India Company's service, under Mr. Corbert; I picked up a piece of muslin handkerchief on Friday the 13th of February by the prisoner at the bar; I know nothing of his taking it; he was standing on one side clear of the other man, close to the loop-hole, which is the place where the goods are taken in by the crane; he is a servant, he was standing in the warehouse; the muslins are kept about three or four yards from where he was.

Was there any body else standing where the prisoner was? - There were several other people standing by him, but not nearer than a yard; I took the piece of muslin, and carried it to the elder, Mr. Oakley; I did not mark it, but I should know it; the mark upon it is 2413, Ry signifies the Rodney; this I am sure is the piece; the prisoner is a labourer.

Mr. Garrow. Which of you have been the longest in the warehouse? - I have been there four years, and the prisoner, to the best of my knowledge, six or seven months; he was put in by the late Mr. Mickie, as I understand.

You are very properly there set to watch each other; I think very often a piece is missing, is not there? - Sometimes there are.

There is a certain black board that he puts you down on; is not there? - Yes, there is.

How near was this man from that bale out of which this was taken? - Twenty yards or more; he was in that warehouse where this was deposited.

Was there a number of people to see the goods? - Yes, there were a number of people, and it was at the conclusion of the sale; there were a great number of persons at the sale.

Any ladies in the warehouse at that time? - Not to my knowledge.

Had you never had any quarrel with this man? - Never, he was a good-natured well-behaved man, for what I know; I never till that day passed three words with him; I had not had three words with him that day.

Court. Have the labourers any thing to do with these muslins? - Yes, he was employed that day in carrying them about; we have counters in the warehouse, and the lots may be where you are; we carry the lots backwards and forwards.


I am a labourer in the East-India warehouse, on the 13th of February in the warehouse in Leadenhall-street; at two o'clock we were at the door thinking to go out as usual, to our homes; the door was fastened, the goods had been shewn and were replaced; all that we shewed, Mr. Oakley had given orders that none should go out till the piece was found; we went back into the room, and some went searching about to find these things; there was John Way in an alley, between two rows of bales; he was looking at a lot; Nash was near us; I went away, and he gave me a hint; after we were all ordered to be stript and searched, the prisoner moved from the place where he stood, to another part of the room, and I seeing him go forward, followed him close up, and I saw him go to the end of one of our long tables, and I saw him pull out a piece of white goods from his right side, and as soon as I saw him pull out those goods, I told Way he had dropt it; I did not see him drop it; we went round and picked it up.

Are you sure that at the time you speak of, all the goods were put in their places? - I cannot tell you.

Did you ever come away till all the goods were in their places? - Yes, sometimes we leave them on the floor uncovered, and sometimes covered.

Court to Way. When you packed up this piece of goods, was it a place where the goods were usually laid? - No.

Oakley produced the piece of goods given to him by Way, marked No. 2413, Ry.


I leave my defence to my Counsel.

The Prisoner called three witnesses, who gave him a good character.


Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-92
VerdictNot Guilty > no evidence

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274. JOHN MILLS was indicted for marrying a second wife, his first being then living, contrary to the statute .

There being no evidence, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-93
SentenceCorporal > public whipping; Imprisonment

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275. EDWARD DOYLE was indicted for stealing, on the 6th of February , 47 lb. weight of lead, value 5 s. belonging to Abraham Atkins , Esq . and others, fixed to a certain building of their's, against the statute .

A Second Count laying it to the property of persons unknown.

Thomas Petticrow saw the prisoner get over the rails of London Bridge, and pulling some lead from the top of the waterworks, saw him take one piece completely off, and chuck it down on the boards; he went and told the patrol, and is positive to the prisoner.

John Godsell went with the last witness, and saw the same, and took him into custody.

Richard Neale deposed to the same effect.

Publickly whipped , and Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-94
VerdictNot Guilty > fault

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276. JAMES MORRIS was indicted, for stealing, on the 26th of January , two iron stove grates, value 14 s. the property of George Dias .

(The witnesses examined apart.)

(The case opened by Mr. Silvester.)


I live in Little Moorfields; I had ordered some goods to be removed to Sugar Loaf Court; there was a fire on the 15th of last January, which fire consumed a great many things; I was then possessed of some iron stove-grates; I did not know where they were removed to; that house was for the purpose of making a sale in, I was not insured, the fire was at that house; I lost a number of articles, I recollect two stoves in particular; I heard they were somewhere, and I applied to the sitting Alderman for a search warrant, it was granted me, the officer went with me to search the premises of the prisoner; I begged the officer to stop at the public-house 'till I went to see whether I could get my property of Morris; I went to his house, he was not there; some conversation passed between Mrs. Morris and me respecting the stoves, in consequence of which I saw Mr. Morris, either the morning following or the morning after it; on Thursday the 5th of January the fire was; this was either the Friday or Saturday after, I was on the ruins seeing what I could find; between the ruins and Mr. Morris's house, I saw him standing, when I came off the ruins, I then missed the two stoves in particular; I was saying to Morris what a cruelty it was of people robbing at that particular time; I asked him, whether he saw any body take any of the things away? he said, no, he did not, nor he knew nothing at all about them; that passed on; about a week after, when I had information that some of my property was in Mr. Morris's possession, my having spoke to him before, I thought it most prudent to apply to the magistrate for a search warrant, which was granted me; but before the constable executed it, I begged of him to wait at a publick-house 'till I went to Mr. Morris's; Mr. Morris was not at home, then I came back for the officer, and went with him, I think it was the 26th of January; in the one pair of stairs I saw one of my Bath stoves with a fire in it; we came down stairs, and in the yard we saw Mr. Morris, he then was come: I told him then our business; that we had a search warrant, and what we had found; I begged of him to be generous enough to tell me where the rest were; he flew into a very great passion, and used very indecent language; I told him that would not do, we would go on on; we did so, and under a heap of dung, in one of his yards, we found concealed another Bath stove, that was covered over with dung, I suppose there was a foot of dung laid over it; we searched there by information, the stoves were brought forwards opposite to Mr. Morris's door, which is close to Ludgate; Mr. Teag was standing at the door; and Mr. Morris said, that he borrowed the stove which had the fire in it of Mr. Teag; I immediately replied, what! Mr. Teag, did you lend that stove to Mr.

Morris? His answer was, no: I lend the stove! that I did not; the prisoner was taken before the magistrate, I cannot recollect whether what was said was taken down in writing; he begged the favour of Mr. Teag to accompany us, which he did, he was there during the whole examination; Mr. Morris there said, that he thought the stove was his own; the Alderman asked him, when he saw it, did he know it was not his own; he said, yes, he did, but he thought it was his partner's, Mr. Cole; the Alderman asked him, whether he had inquired of Mr. Cole, whether it was his property or not; he said he did; that Mr. Cole's answer was, it was not his. I have seen both the stoves, they are my property, to the best of my knowledge; I have not the least doubt about it; my people are perfectly satisfied they are mine, and they know better than I do.

Mr. Garrow, Prisoner's Counsel. What way of life are you in? - A sworn broker.

You are related to Mr. Solomon Dias , of Dove-Court? - I am his son.

Now I want to get a little acquainted with the geography of those premises; there was a wheeler's shop near the premises of the defendant? - There was adjoining.

Upon that wheeler's shop you had a distress, and brought those goods to make a sale? - I had made a distress, and I brought in other goods to make a sale there, by permission.

How long before that intended sale was this fire? - The things were hardly taken in, the sale was advertised for the next day; I believe the fire broke out on my premises; I have no other reason but to suppose so; I mean to confine myself strictly to truth.

I believe you was not the only sufferer by that fire? - I cannot say, I should suppose not.

Do not you know you was not? - No, I do not know that.

Why, upon your oath, do not you know that the prisoner was obliged to move his family, his wife who had lately lain in, and all his children, into the prison of Ludgate? - I believe he did.

Do not you know that he was obliged to remove his goods? - I believe his goods were removed.

Were any part of his premises burnt? - I believe there was a loft burnt, I do not know he lost any thing.

In the first place, Sir, are you the prosecutor of this indictment? - I am.

You carry on this prosecution? - I do.

Had Mr. Cole any premises there? - Upon my life I cannot tell that, I was quite a stranger there; I understand since that Mr. Cole is a partner of Mr. Morris's, I do not know Mr. Cole, nor I do not know Mr. Morris.

Does Cole's house adjoin to the prison of Ludgate? - Morris's house is joining; the premises where the fire broke out is directly opposite Morris's.

Did you attend at the premises at the time of the fire? - I did, indeed.

Were any of your goods carried into the prison of Ludgate? - A great many.

I believe you stood at the gate to mark them with the letter D? - Some I did, I could not mark them all in the confusion.

It is probable a number of them might not be marked? - Upon my oath I cannot say.

Do you recollect whether you marked those two stoves? - I am sure I could not; the large one that was in the fire we found on the dunghill, that I am sure I could not.

Do recollect marking the others? - I cannot swear that.

Do you think you did? - In the confusion it is impossible to swear.

Now, Mr. Dias, you have told me that information had been given you before you went to Mr. Morris's? - Certainly.

Who gave you that information? - I believe I had it from Mr. Teag, and from the apprentice of Mr. Jarman, his name is Thomas Hudson , and from Mrs. Jarman.

Now, what had Mr. Teag told you before you got your search warrant? - Why, that my property was there, it is impossible for me to say what he said.

Cannot you say what Mr. Teag said about your property? - That there was a Bath stove of mine there.

Did he tell you how it came there? - No, upon my oath, he did not.

What did he say to you about it? - He said that my stove was there, and to the best of my recollection nothing else.

Will you swear that he said nothing else? - I do swear it.

Then Teag did not tell you that the prisoner at the bar had borrowed a stove of him, which they both supposed was Mr. Cole's? - Upon my oath he did not at that time.

When did he say so to you? - He never said so to me.

Was this stove concealed in the prisoner's apartments? - No, it was in the chimney-place, and had a fire in it.

Any body that went into the room might see it? - They might certainly, it could not be covered over.

Now, had you any acquaintance with the prisoner at all? - No, Sir, none.

It did not occur to you to go to him when you went with the search warrant? - Upon my oath I went for the purpose of getting them before I went with the search warrant.

After Teag told you the things were there, did you ever go to ask this man if he had got them, before you got the search warrant? - No, I did not.

Did you happen to know how long the prisoner had lived in that neighbourhood. - I understood a great many years.

A great many more years than you have lived any where? - I do not know, I live in a great deal of credit, and I hope I shall continue to do so.

What family has he? - Upon my oath I do not know, he keeps a woman as I understand.

Do you mean to swear that? - I am told so.

Who told you, upon your oath, that that man keeps a woman that he is not married to? now name me any one man or woman that ever said so; because I have the Court full of this man's neighbours, and I will not suffer his credit to be whispered away by such a fellow as you; I will have an answer? - That is rather a delicate point, I understood so, Sir.

Who ever told you so, man, woman, or child? now dare to name to me any more falsehoods, because I know this is an infamous falsehood? - It is a delicate point.

Court. You see your delicacy is rather late? - Please to excuse me.

Mr. Garrow. Now look to these Gentlemen, and tell me, name me a child of six years old that cannot come and convict you of perjury, and I will be satisfied; look at the Jury, if you can? - I do look at them; why, then, Mrs. Jarman hinted to me.

What did Mrs. Jarman say to you?

Court. You cannot ask that.

Mr. Garrow. I may ask what she said.

Court. I think not.

Mr. Garrow. Who was present when she said so? - I do not know that any body was, she and I had a deal of conversation; I cannot tell when it was, she said this woman was not his wife, she hinted it so; she hinted the woman was not his wife.

Court. I think you cannot carry it further than this; you may call Mrs. Jarman to deny it.

Mr. Garrow. Now tell me of any one expression she ever used; tell me what she said? - She alluded that she was not his wife, I say she hinted it, she hinted that she was not his wife; I can say no more.

Can't you tell me what she said, what expression she used? - No, I cannot.

I believe the defendant was admitted to bail by the magistrate? - He certainly was.

And has surrendered himself here on your charge? - Yes.

You said, you found this other stove under a dunghill? - Yes, I did, concealed in the dung.

Who was present when it was found? - Why, there were two or three.

Upon your oath, did not these people that were present tell you it had lain for several days, sometimes covered, and sometime uncovered? - Upon my oath I never heard any thing of that sort.

Mr. Silvester. Who was present when you found this grate? - There was John Way, John Clarke , and Symonds.

Was you at all insured? - No, I was not.


What are you? - I am an apprentice to Mr. Jarman, a pipemaker, near to Mr. Morris's; I live the corner of his court.

What do you know about these stoves? - I was at the fire assisting Mr. Morris; I assisted him in pulling down the grates.

Had he any stoves? - None at all.

Mr. Garrow. I admit it is not the prisoner's own; the fire overtook them, and they were not removed out of the room. - There are but two rooms, they are in a stable-yard, they are supported by beams, they are up one pair of stairs; the two grates of Mr. Morris's were left in the room; they were grates with bright fronts, not Bath stoves; I saw Mr. Morris assist in taking one stove out from the second yard in Ludgate, I mean a Bath stove; we were looking for Mr. Morris's partner's back of his stove, it was after the fire, Mr. Morris was removing his things from gaol after the fire; I saw the other Bath stove covered with dung the Sunday morning afterwards, it was covered over with burnt mats.

Mr. Garrow. The stove was laying on the dunghill, and these burnt mats were a part of the rubbish of the fire? - Yes.

Did you ever see Morris meddling with that which was in the dung? - No, never.

Was it day-light when he moved the other? - Yes, they were all in confusion, we were looking for a Bath stove.

He did not do this secretly like a fellow stealing a stove? - No, it was done in publick.

How many persons were there present? - I cannot say, there were a score.

How long had you known this impudent thief, this Mr. Morris? - Ever since I have been in the neighbourhood.

Had he been used to be such an impudent thief as this? - Not to my knowledge.

He lived in a wooden building in the yard? - Yes.

The fire began at the broker's? - Yes, the prisoner's hay-loft was on fire.

What became of his wife and children? - They were taken into Ludgate.

How many children has he? - Three.

The poor woman had not long lain in? - No.

Mr. Morris had a dungheap, and Mr. Cole had a dungheap? - Yes.

You would not have put a pewter spoon there that you had stole, would you? - Not I.

What character does Mr. Morris bear in his neighbourhood? - I never heard any particular character, he never affronted me.

Court. What sort of a yard is it? - An open yard, the dunghill was in Cole's yard, which had gates in it.


(Looks at the Bath stoves.)

I am sure they are Mr. Dias's; I know the prisoner by sight.

Court. Are they stove-grates? - They are called Bath stoves; I know no other name for them.

Jury. They are Bath stoves, not stove-grates.

Court. If the Jury say, that these are not stove grates, I expect the Counsel for the prosecution to shew that they are stove grates.

Mr. Garrow. My Lord, my client had rather go into his defence, and call his witnesses.

Jury. We are satisfied; it is loss of time to carry this on any longer.


Mr. Garrow applied to the Court for a Copy of the Indictment, which was refused.

Tried by the first Middlesex Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-95
VerdictGuilty > lesser offence

Related Material

277. THOMAS GREEN was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Burton , about the hour of two in the night, of the 24th of February , and burglariously stealing therein, a bridle, value 6 d. the property of the said Henry Burton ; and a great coat, value 2 s. the property of William Nicholls .


I am a patrol at Hampstead; me and my partner William Pigg were coming down High-street, Hampstead, the watchman was going past three, I heard an odd sort of a rattle, and met the prisoner and said, where are you going friend, at this time in the morning? he jumped from off his horse, and Pigg laid hold of him; he had a sack full of things, a bridle, and a great coat; the great coat was over the horse's back, and the bridle on the horse's head; my partner laid hold of him, and took him into custody.


I am servant to Mr. Burton, who lives at Hendon ; I examined Mr. Burton's stable door on Tuesday night about eight or nine o'clock, I fastened the hasp with an iron pin; Wednesday morning between five and six I got up, and found the door open, and I lost my great coat; the stable adjoins the barn in the farm-yard; they are both under one roof.

What adjoins that barn? - Another barn.

What adjoins that? - The dwelling house.

Are they all under one roof? - No; there is a door between the two barns, and a rail over the top of the door.

Where did you leave your great coat? - Hung up in the stable; and the bridle too.


I live at Hen on.

Can you describe with accuracy the stable, the two barns, and the house of Mr. Burton? - There is a dwelling house of Mr. Burton's, joining the end of the house there is a barn.

Under the same roof? - I cannot say; next to that there are gates from the farmyard into the field.

Is there any connection between the one barn and the other? - I really cannot say.

Nicholls. I fastened the door between the stable and the barn with a hasp and an iron pin, there were no locks; the great coat is my property; I cannot swear to the bridle.


I came off guard last Tuesday morning. I was rather uneasy in my mind, I had a mind to run away and leave the regiment, I got as far as Golder's-green, and I turned back again; I know nothing at all about this mattter.

Court to Nicholls. Do you sleep in your master's house? - Yes.

Were you the first up in the morning? - Yes, and went immediately into the stable; it had been opened by force; the barn door was hasped as I left it; the door between the stable and barn was broke open by force; the door was broke.

GUILTY, Of stealing the coat, but not of the burglary .

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

25th February 1789
Reference Numbert17890225-96

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278. The said THOMAS GREEN was again indicted for feloniously stealing, on the 24th day of February , a mare, value 3 l. the goods of John Cooper .

(The Case opened by Mr. Knowlys.)


Last Wednesday morning about half past three o'clock, I and my brother patrol heard a horse coming down the back road from the High-street, Hampstead; I stopped

the man and the mare; I said where are you going friend, at this time of the morning? he jumped off the mare hoping to run away, he got two or three yards; we took him and examined him, as to whom the mare belonged; and he said he was to have a pot of beer to come through Hampstead town with the mare, and was upon her.

How far is it from Hendon Common where you stopt him? - About a mile and a half; we took the mare to the Black Boy and Still; by the magistrate's order.

Do you know whether Mr. Cooper saw the mare afterwards? - He saw her the same day, about three o'clock in the afternoon.

The same mare you had taken from the prisoner? - Yes.


I live at Hendon , I had missed the mare on Wednesday morning, I saw her the evening before at nine o'clock, it was grazing on Hendon Common; I missed her before I had any information about her.

Was it in consequence of any information that you went to see her? - Yes, I saw her at the Black Boy and Still at Hampstead; it was the same mare I had seen the evening before in Hendon Common; it is my property, it was a chesnut mare, a cropt mare, and a large spavin on the near leg behind.

Have you any doubt it was your mare? - I am certain it was.

How long have you had her? - Above four years; I bought her with a spavin, I gave two guineas and a half for her.


As I was coming over Hampstead Heath. about two o'clock I overtook a couple of men, they asked me if I was going to town; I told them I was; they said they should like to have my company; when we got within two hundred yards of Hampstead, they asked me if I would get up and ride; they told me they would give me a pot of beer, if I would ride their horse to Hampstead; upon which I got upon the horse, and they followed me a little distance behind, and I was stopt by that gentleman; he took me to the watch-house, and kept the property.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron THOMSON .

25th February 1789
Reference Numbert17890225-97

Related Material

278. JOHN HILL was indicted, for feloniously stealing, on the 30th of January last, six wether sheep, value 6 l. the property of John Bury .

JOHN BURY sworn.

I am a butcher , on Friday the 30th of January, between seven and eight in the morning, I missed six wether sheep; I saw them the night before, between five and six, in my own grounds in Edgware road ; on the Monday following I saw them again at the Ram Inn in Smithfield, they were marked I N on the rump with pitch, and an I in a rundlet on the side, the mark was made by the person I bought them of; I bought all he had; I had had them nine days; I was informed that they were at the Ram Inn in Smithfield; I saw them there, I saw no others there at that time; there was a rundlet on the head when I bought them, and I rundled them myself on the back; I never saw them in the possession of the prisoner.


I am a farmer; on Friday the 30th of January I was in Smithfield; these sheep were in the care of the prisoner; I do not know whether that was the day they were lost, but I am sure it was the 30th of January, it was between 11 and 12, at the posts at the Half Moon, Smithfield, the sheep were about two pens deep: I asked him the price of them, he said they were sold; and then I asked him, where he had brought them from; he said from Reading,

in Berkshire, and he should have some more on Monday next.

Court. Did he say of the same sort? - No.

Did you understand by that, that he should have some more on Monday next at market? - Yes, I said, I do not think they are your own property: yes, said he, they are; he began to tremble, I took hold of him by the coat immediately; there was a man behind in the pens said he knew the sheep; we took him to the King's Head, and sent for a constable, and sent the sheep to the Ram to be locked up, and taken care of; I saw them afterwards at the Ram, they were marked in a rundle upon the rump I N; an I in a rundle on the side, and marked on the head and back; I saw them at the Ram in about half an hour after they were carried; I did not see them carried there, I saw the same sheep on the Monday; the prosecutor was at the Ram; he said he knew them to be his property, he described the marks in the market, before he saw them at the Ram, and said he lost six.

- SHELTON sworn.

On the 30th of January I was at Smithfield, I saw those sheep, and suspected them to be stolen, I thought I knew them, but could not recollect where; the prisoner said he brought them from Reading in Berkshire; I said it is a small lot to bring so far; he said he had got some more on the road; turning the sheep round I said I knew them, that they were bought at Kingston fair; I asked him who he bought them for; I told him they were sold to a gentleman at Edgeware. I bought them for two gentlemen at Edgeware; they were marked I. N. on the rump with a rundle, and red on the head; I sold none in the fair but what were so marked; the prisoner was committed; I saw those sheep at the Ram afterwards.


I am a constable, I took the prisoner in custody on Friday the 30th of January, between eleven and twelve; he said he bought the sheep of a man in the Reading road.

Were they marked as described by the other witness? - Yes; he said he did not know the man.


I bought them in Oxford-road? I told the gentleman so.

Tillcock. You did not.

Court to Bury. Of whom did you buy these sheep? - Of one of the gentlemen at Edgware, that the other witness mentioned, about nine days before; I bought all he had, which was nineteen, ten of them I sent to market, and three I killed.

When did you send them ten to market? - The 30th of January, on the same day.

Were they sold that day at market? - Yes, my salesman paid me the money for them.

Prisoner. On the 30th of January, about half past nine o'clock, I bought them in Oxford-road, I paid for them the top of Fleet-market.

GUILTY , Death .

Tried by the London Jury, before Mr. ROSE.

25th February 1789
Reference Numbert17890225-98
VerdictGuilty > lesser offence

Related Material

279. JAMES BLOWER was indicted for feloniously assaulting William Aldridge , on the King's highway, on the 13th of January last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, six cut glass crewets, with gilt letters thereon, value 15 s. and ten cut glass crewets, value 17 s. 6 d. the property of George Blakeway and John Hodsdon .


I am errand-boy to Messrs. Blakeway and Hodsdon, they are partners.

Court. What is the Christian name of Mr. Blakeway? - George, and John Hodsdon , I believe. I know the prisoner; I was coming along Long-lane, on Friday the 30th of January last, about half after eight at night, with a basket on my head, and a bundle in it, and a young man was standing at a door; there were six cut glass crewets, with gilt letters, and ten cut glass crewets, sixteen in all; the young man, whom I do not know, that was standing at the door, pulled me into the Jack of Newbury, a publick-house.

Against your inclination? - Yes.

Did you resist? - Yes, and he dragged me into the tap-room; he pulled me into the house, and I ran through into a passage which led into the bar; I got from him into the bar; there was a gentlewoman that seemed not to be well, and I told her, and she sent the maid to see if there was anybody at the door; I ran out of this entry, and two young men followed me, one of which was the prisoner, and the young man that pulled me into the house, that followed me out again, shoved me down, and stopped my mouth; the prisoner ran away with my bundle out of my basket; I had the basket on my arm with more things in it; when I went into the publick-house I took my basket off my head, they only took the bundle which had the crewets; that was the prisoner; I directly called out stop thief, and I ran immediately into the sheep's head shop for assistance; and a little girl, that was standing by, said his name was James Blower ; I lost sight of them both; I did not see the prisoner 'till the next day; there was a lamp in the place where he took the crewets.

Did you ever see the face of the prisoner? - Yes: the property was never found.

How long might the prisoner be in your sight? - I saw him when I was pulled into the house, he was standing at the door.

This must have been done very suddenly: Did you see his face at all? - Yes.

How was he dressed? - In a blue jacket and ragged trowsers.

How long might you see his face altogether? - I did not see him above two minutes.

When you saw him the next day was he in a room with other people? - Yes, at the Castle in Cateaton-street. There were other people in the room.

Was the prisoner pointed out to you, or did you point out the prisoner? - I pointed out the prisoner; I have no doubt he is the man.

Did you see him in the house? - No, I saw him as I went into the door, and not again 'till the things were taken from me.

Be cautions, this is a capital offence, you ought to be certain, look at the prisoner, and see if you can say with certainty he is the man? - Yes, I am sure of it.

Whom do these crewets belong to? - To one Mr. Makepeace, a silversmith in Searle-street, near Lincoln's Inn; I went to carry them home, and he said it was too late.

How came Messrs. Blakeway and Hodsdon to have any thing to do with them? - They were bought of them, and had not been delivered; the other man was never taken.

The prisoner was the person that hauled you in? - No.

Prisoner. He said I had a long blue coat on, and a ragged pair of trowsers? - I never said so; I always said you had a blue jacket on.


I am in partnership with Mr. John Hodsdon ; I know the boy that gave evidence just now; he has been my errand-boy a month or five weeks; he is a servant in the house; I had a good character with him; he has behaved exceedingly well since he has been with me; he is a very honest boy as ever I had in my life, I have not the least fault to find with him: these crewets were put into the basket by my partner, I did not see him put them in, he is not here, I never saw them in his basket, I gave orders about his carrying them; I was at the finishing and cleaning of them, and when they were done the orders were given for Mr. Hodsdon to put them up, and send them to Mr. Makepeace, a silversmith, in Searle-street; I live at No. 71, in the Strand.

Was Long-lane in the boy's way there? - The boy had a message to deliver at No. 1, Jewin-court, Jewin-street; I gave him the message in the fore part of the day, to a workman that does gold work for us: Long-lane was as near a way I look upon it as he could go; the boy came back the same evening with a lad out of Long-lane, that keeps a sheep's head shop; we scolded the lad, and thought it was carelessness.

What did the lad say to you about it? - He said, that he was lugg'd into the Jack of Newbury by two men; one man had hold of his arm, and the mistress at the bar asked him, what he wanted there? and he said, that the man lugged him in, and he was afraid they were going to rob him; says she, I'll care of that, I'll see the door cleared, or to that effect; with that she or the maid saw him out, and said, you may go safe enough; he had not been out of the door ten minutes before he was met by two men, who shoved him down; one put mud into his mouth, and the other, he said, took a parcel out of his basket: that is all the boy said about it.

Did he say he should know either of them again? - Yes; the next morning we had information that the patrols had taken two persons into custody; they were taken to the Castle, the corner of Cateaton-street; I went with the boy when he went to see

them; we desired him to go in himself the first time, and see if he should know any body; he went in, and pointed to this prisoner exactly; the patrol and me went in with him, and he shewed us the same person again.


Court. Did you ever take an oath in your life? - No.

Do you know what the nature of an oath is? - Yes; if I tell a lie, I shall go to hell.


Where do you live? - In Aldersgate-street, Little Greenwich, No. 24.

What are you? - I live with my father and mother.

What is your father and mother? - My mother is a quilter, and my father is a watchman.

Tell us what you have to say against the prisoner? - I went with my father's supper to Mr. Whitaker's in Long-lane; I see'd him run up Long-lane with a paper in his hand.

You saw who? - John Blower .

What time might this be? - Between the hours of eight and nine.

What night? - Friday night.

What month? - I don't know.

Can you tell how long from this time? - About a fortnight ago.

What sort of a paper was it? - It was whitish, and a large paper, it was roundish.

Did you know Blower at this time? - Yes, I knew him by living in the same place as my father and mother did a good while ago; his father died in the house, he lives now with his mother somewhere in Long-lane; he did go to sea, him and his brother too.

Are there any lamps in Long-lane? - Yes, Sir.

Did you see his face? - Yes, Sir.

Was he near the lamps? - He ran past the lamps.

Do you know when he was taken up? - No.

Do you know William Aldridge ? - Yes, that is the little boy (pointing to him).

Did you see him in the street that night? - Yes, Sir, I see'd him, and Mrs. Whittaker took him, and wiped him.

What was the matter with him? - He was all over dirt and mud, Sir.

What did he say about his being so over dirt and mud? - He cried, and made a piece of work in Mrs. Whittaker's shop, and said it was worth a guinea that he lost.

What age are you? - Going in ten.


I am a patrolman of St. Sepulchre's within; I received information about ten that night that the robbery was done; at eight me and my partner went to Long-lane, and in consequence of an information, we took the prisoner out of the Jack of Newbury, on the right hand side of the way; I found nothing upon him.


I had just come from Greenland Dock; I had been to look after a ship; I came back to Mrs. Jones's, whom my mother was nursing; my mother told me she had something for supper, and told me to stay 'till she could come to speak to me; my mother came out, and gave me a piece of meat in a newspaper, and I staid there; I observed a person go out, and bring this boy into the tap-room by the arm, and asked him to drink; he made him drink out of a pint pot, and presently he took something out of the boy's pocket, and the boy went through, and went up to the bar, and staid a considerable time; I never got off my seat for the space of a quarter of an hour; and Mr. Jones came, and said there was something going on he did not like, and desired them all to go out of the house.



I saw a young man drag the boy into the tap-room; the young man was a stranger; I was a servant to Mr. Jones who keeps the

Jack of Newberry, I knew the boy again, (points to him) the young man that called him in, called him fellow servant; the prisoner was sitting in the further box, I had not been there long before the boy cried, his nose bled, I am sure he had not been out of the house, then; he was standing in the room, I did not see him sit down, I pushed the boy into the bar, he stopt there some time, I looked out at the door, and I did not see nobody at all about the door, the boy went out, and I know no more.


I kept the Jack of Newberry when this transaction happened; I have very little to say about it, though I was in the taproom when it happened; I saw a man have the boy by the arm in the middle of the tap-room.

Court. Do you know that man? - Yes I do, if I was to see him; I only knew him by sight, I asked the boy what brought him there with selling his pies, and making a bustle in the tap-room; the boy immediately said his nose bled; I believe this young woman that lived with me at that time, though I have discharged her, made him go into the bar; he went into the bar to Mrs. Jones, and she sent this young woman to see if the place was clear; she said it was clear, and the boy went out from the bar, and the next news that I heard was, that the boy was robbed.

Where was you sitting after the boy went out from the bar? - I was in the tap-room, there is no passage but the tap-room and the bar; the one is a gin-shop, and the other the tap-room.

Which stands nearest Long-lane? - They are two houses, they both stand equally near; there are two doors, one goes into the bar, and the other into the tap-room; there is a communication round the chimney place from one to the other.

If you was in the tap-room, you could not see what passed in the bar? - I could not; when the little boy went out of the bar, I was in the tap-room.

Who followed him out of the bar you do not know? - Nobody could follow him out of the bar, we never admit any body thro' the bar.

Why, is not there a door opens from the bar into the street? - There is, but there is no communication between.

Was that door locked up? - No.

Then how is it possible for you to say that persons might not have gone out at that door? - They could not, because there is no one admitted, except it is a person that is known well.

Was not the boy let out at the bar door? - Yes; but as soon as the boy went out at the bar-door, at least as soon as he went out of the bar, there was a bustle and disturbance by the tap-room door, and I took them and put them all out and shut the door, and said I would not have such disturbances in my house.

Will you venture to swear positively that nobody followed the boy out at the bar-door? - Yes, I could venture to swear that, except it was some of my own family.

Will you venture to swear, that all the people in the confusion, that went out of the house, went out at the tap-room door? They none of them went out at the bar-door.

You was in the tap-room? - I was in the tap-room, when the boy was in the bar.

After the boy went from the bar, did you see the prisoner in the tap-room? - I cannot say that the prisoner was in the taproom at the time the boy was in the taproom; for the prisoner went out at the tap-room door.

Did you see the prisoner in the tap-room after the boy went out of the bar? - I cannot say with propriety; the boy went out of the bar-door; if you come in at the tap-room door, you go round to come out at the bar-door; the boy went into the bar, and he was let out at the bar door into the street; and the prisoner and all the rest of them went out at the street-door; I saw the prisoner go out at the street-door, not

many minutes after; it might be some few minutes.

You being in the tap-room, could you see the people that went out of the bar-door? - I could not.

Will you venture to swear that all the fourteen people went out at the tap-room door? - I could take a safe oath that there is nobody admitted to go through the bar-door.

The boy undoubtedly went out at the bar-door? - I cannot take my oath with propriety, because I was in the tap-room.

Did you see the prisoner go out of the tap-room door? - At the tap-room door he did go out, I am sure of it, there were a great many of them at the door.

Can you say with certainty that you saw the prisoner go out of the tap-room door? - At the tap-room door I am positive.

How soon was it after the boy was turned out at the bar door that the prisoner went out of the tap-room door? - I cannot rightly say, I shut the door after them and bolted it, and went into the bar, and the boy was gone; my mistress was very poorly, and says she, you had better let the boy out at the bar, and you had better open the other door, I unbolted it; the tap-room door is the door they go in at to drink porter, the other is for spirituous liquors; I bolted the tap-room door after the mob was got from the door, and the boy was gone.

Did you bolt those people in or out? - I did not turn them out; when the boy was in the bar, as near as I can guess, there was a mob arose before the door, and my customers all pushed out; there were ten or a dozen in the house at the time the prisoner was; the prisoner was sitting, it might be five or ten minutes after the boy was turned out at the bar-door, before the prisoner and the others were turned out at the tap-room door.

Court to the Boy. I understand that you was pulled into this public-house by a person? - Yes.

You then said that you resisted, and ran through the passage which led to the bar? - Yes.

Which door was you pulled in at? - At the tap-room door.

When you went out, which door did you go out at? - At the bar door.

Did the men that followed you, follow you out the bar-door or at the tap-room door? - They did not follow me till I had got into the street, I did not see them coming after me.

How soon after you was in the street did they follow you? - Directly, I was not in the street above two minutes.

How far might you be then from this public-house? - I do not know, it was a good step from this public-house, about nine or ten houses off.

When you were in the public-house was any thing the matter with your face? - No, I called out that my nose bled to get from them.

Did your nose bleed? - Yes, I believe it did.

How came it to bleed? - I do not know.

Did the lad who pulled you into the house hurt your face? - No, not then; I was frightened, I did not know what to do, I believe my nose did bleed a little; I do not know how it came to bleed.

Which door did you go out at? - At the bar-door.

Who shewed you out at the bar-door? The maid servant, the mistress told her to see if the place was clear.

GUILTY, Of stealing, but not putting in fear .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

25th February 1789
Reference Numbert17890225-99

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280. WILLIAM BUTCHER , otherwise TULL , was indicted for feloniously assaulting John Hills , Esq . on the 29th

day of November last, and putting him in fear, and feloniously taking from his person, and against his will, an iron key, value 1 d. and 5 s. in monies numbered, his property .

JOHN HILLS, Esq sworn.

I live in Lower John-street, about seventy yards from where the robbery was committed; on the 29th of November, a little before twelve at night, going through , opposite the center lamp, on the west side of the square, I was looking towards the rails, and saw two men run from the rails towards me, and they ran so as to divide, and to get both before and behind me; I walked two or three paces, I turned my back towards the extremity of the rails, from the entrance of Mr. Willock the auctioneer, and his lamp which affords the most brilliant light in the square, was about four feet above me on the right hand; a sailor, not the prisoner at the bar, ran with great violence towards me, and pushed the muzzle of a pistol towards my breast, that if I had not been against the rails I should have reeled; he said, your money or your life; I forgot to mention, that when they set off running, the one took a north, and the other an east direction; he raised the pistol to my eye, and the unfortunate man at the bar came up with a pistol, and put it to my right temple, and desired me to make haste; I was very cool and collected, and had drank no more than one half pint of wine in the course of the day; I took out five shillings, which was all the money that I had at the time, and three keys, two of which I have now in my possession, I addressed them thus:

"Gentlemen, I beg you will not use me ill, this is all the money I have, (presenting the 5 s. and the keys at the time) I am very sorry it is no more; here are three keys that can be of no service to you, and you will oblige me by returning them." The prisoner did return me two keys which I have now in my hand, the other he retained in his fright; for I believe he was much more frightened than myself, and trembled.

The prisoner was the man that gave you back the keys? - Yes; they told me to walk on, and if I attempted to look back they would fire at me; one of them told me, but which I cannot say, to walk on; I did walk on to the fourth extremity of the square before I looked back, I saw nothing of the men, but heard them running on the other side of the square; I got to my own house about twenty yards from the square, and got a neighbour to go with me in pursuit of the prisoners; I did not find them, but on my return I went to the watch-house, and one of the witnesses, together with the beadle, went round with me about to all the night houses in St. James's parish, but we did not find them that night; nor till the morning of their apprehension, which was the 2d of February last.

You saw no more of them from the 29th of November till the 2d of February? - No, I was out later than usual, I went home to my house, and I could not get admission; I knocked and could not make them hear; it occurred to me that I would go and look after the prisoner; I went to a night-house called the Red-lion, in Piccadilly; there might be thirty persons in the room, I got into a box, and seated myself as well as I could; after being there about half an hour, I observed the prisoner among the others.

Court. What number of people? - There might be about thirty; he was quarrelling with a very stout man whom he was going to fight; some of his acquaintance desired him sit down, which he complied with; he sat facing me, and I looked at him, I suppose, for half an hour.

Quarrelling had drawn your attention to him first? - Yes; but I knew him immediately when I first saw him.

He sat down facing you? Yes, in an opposite box, I looked at him for a considerable time; I put a question to myself thus:

"John Hills, is that the man that robbed you?" the more I looked at him,

the more I was convinced he was the person; I went from the house to St. James's watch-house, and having got the beadle and the beadle's assistant, I took him myself.

Did you make him any promise at all? - No.

Nor nobody in your presence? - No, he said before Justice Read that he was not the man, for at that time he was in Newgate for robbing a post-boy.

Prisoner. Had you not two men taken up for this robbery before? - The night I was robbed I spoke to a watchman and the beadle's assistant, and described the man that robbed me, and they took up two persons who answered that description; that was an hour and a half after, the same morning they were brought to the watch-house and they were discharged.

Are you quite sure the prisoner is the person? - Yes, for there is a person I know, who resembles him so much, that I have said to fifty persons, that I should have supposed, if the prisoner had been lame, that it had been him; he is a waiter at the ship in Palace-yard; he is lame and could not run, so that it could not be him.

There was a resemblance that struck you very forcibly between this man and the man that you took? - Yes.

So much that you could not help to have suspected that man if he could run? - Yes.

But you have no doubt but this is the man that robbed you? - No.

This transaction did not take up long time? - Not above a minute and a half or two minutes.

Did this man look at you at all? - I had a side view of him.

You are satisfied that he is the man? - Yes, he is dressed now as he was at the time of the robbery.

Prisoner. These two men were in custody some time, while Mr. Hills was in Wales? - There was a man in custody while I was in Wales, but I never saw him, he was discharged before I came to town.


I am beadle of the parish of St. James's, it was my watch-night, Mr. Hills had made application to the watch-house, and described the man; on the 2d of February I went with Mr. Hills to the Red Lion, and there were a great number of persons in the tap-room, and Mr. Hills fixed upon him immediately; going along I asked him his name; he said, why you know my name well enough; Bill Butcher .


On the 2d of February, a little before five in the morning, Mr. Hills came to the watch-house, and I went with him and the last witness, and took the prisoner; he said he was innocent, that he was in Newgate at the time.


I know no more of it than the child unborn.



The prisoner lodged with me at the time of the robbery, I knew him from a boy; he was a parish boy, and apprenticed in St. James's parish; his wife was a cook in a nobleman's family; the prisoner has been; a widower about two years, and is now; and is a very honest man for aught I know I am obliged to let my lodgings to women, not to men, I assure you, my lord; but I offered him a bed, which he was ready to accept of, and to give me a shilling a week. On Saturday the 29th of November, when the robbery was committed, I am positive he was at home, he was not well, he had been ill a month before, I had company that day.

Was the prisoner confined to his bed? - He was occasionally now and then; he was up three or four hours in the day.

He never walked out at that time? - I never saw him go out.

How came you to remember this day of

the month? - I consider a false oath as a very bad thing: whether Mr. Hills does or not I do not know.

You think that was the day of the month? - The 22d was his birth-day, and he invited some friends, and begged the use of my apartment; he told me it was his birth-day two or three days before.

Where do you live? - In Norfolk-street in the Borough.

How came you here as a witness? - He asked me to come, because he told me this, that he heard Mr. Hills would stick as close to him as he could; I took some victuals to Newgate two or three days, says he, Mrs. Toosey, I find he is very rigid.

He told you the day of the month, did he? - No, he did not.

Did not he ask you, if you did not remember where he was at the time of the robbery? - No, he told me, I knew he was innocent.

In what way did he tell you now, he was innocent, did he not tell you it was on the 29th of November? - I read in the paper by accident.

In what paper? - The Daily Advertiser.

When did you read that? - I believe it might about three weeks ago, or near a month.

What was in the paper? - That the man was taken up for robbing of Mr. Hills of five shillings and a key.

Do you remember what it said? - I cannot say whether his name was mentioned or not.

How can you tell you got your information by the newspapers, when you cannot tell what was in the papers? - That William Butcher was taken up for assaulting William Hills, and taking a key and 5 s. from him.

What more was there? - I do not know that there was any thing more.

This was about three weeks ago? - Thereabout.

Did the newspaper say what night the robbery was committed? - I do not recollect that it did.

You need have a better memory, for you told me just now that you learnt the night from the newspaper? - By all account the robbery was committed three or four months ago.

But how came you then to know the robbery was the 29th of November? - I was informed it was.

I want to know who informed you? - Butcher told me it was committed on the 29th of November, when it was committed he was at home.

He informed you that? - Yes.

Then why did you tell me that he did not inform you.

To the Prosecutor. Was there such a paragraph in the paper? - There was something of the kind.

To Toosey. Do you know where he was the Saturday following that 29th of November? - I would not say more than I know, for I really cannot say.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutor.

Tried by the first Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-100

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281. SAMUEL alias GEORGE STEVENSON was charged, for that he, together with one WILLIAM GREGORY , upon John Mac Mahon in the peace of God, and our Lord the King, &c. in the King's highway, did make an assault, and feloniously take from his person, and against his will, a metal watch; for which he, the said Samuel, alias George Stevenson, was tried and capitally convicted, on Wednesday the 11th of July, in the 21st year of his present Majesty's reign, and did afterwards receive from his Majesty a respite during his pleasure; and that he the said Samuel, alias George Stevenson, did afterwards make his escape out of the gaol of Newgate .


Do you know the person of the prisoner? - Yes, I attended him on Monday

the 25th of June, 1781, and had him to Bow-street; he was charged for robbing one John M'Mahon, who lived in St. Giles's, and another man, whose name was William Gregory; that is the same person that I attended on that charge; I gave evidence against him upon that trial.

Is he the same person who was tried and convicted of that offence? - I am positive of it.

- PITT sworn.

I am positive to the person of the prisoner; I remember him when he was under sentence of Death; I did not attend his trial; but I am positive he is the person: Newgate was all in ruins, and he was sent to New-Prison; he escaped about a twelvemonth after his conviction.

(The respite of the prisoner, and others, during his Majesty's pleasure read. Signed JAMES ADAIR .)

JOHN OWEN sworn.

Court. Is the prisoner the same person that laid in prison under that respite? - Yes, I am positive as to his person.


I have attended this Court these eight years, and some time before I was servant to Mr. Akerman; and application was made to me to go to New-Prison; I went, and the prisoner was shewn to me, with forty others; I knew him and picked him out from them all; I am perfectly satisfied, and have no doubt but that he is the person.


When Owen came down to gaol, and enquired for my name, they sent for me down, and several more; I suppose there were six or seven as nigh as I can recollect; he looked at us all, and when he came in he pitched upon a man four or five inches taller than me, and quite a different person; he said Sam, how do you do; he waved the candle before his face, and he drew back for the space of seven minutes; then he said, well, said he, if I am to take any body it is that man; accordingly the Keeper said, he had better come by day-light in the morning; he sent that other man; when he came into the yard, he looked on the prisoners, and pitched upon me, and asked what my name was; the Keeper said, Samuel Euclay ; he said, that is the man; when I was tried at the Hall that man saw me, he never saw me in his life before, then he went away, and was gone about a fortnight; afterterwards he brought this other gentleman down, I was sent for, and he asked me how I did; I was at Birmingham the same time that the affair they charge me with happened, my name is Samuel Euclay .



I am a spectacle-maker; I know the prisoner, his name is Samuel Euclay ; I always knew him by that name; the latter end of the year 1780, he came to work with a master I was apprentice to, by the name of Samuel Euclay , he worked with him two years in Deepworth, Birmingham.

Were you there all the time? - Yes.

Was he with his master for two years? - Yes; I had three years to serve when he was articled.

How long have you been in London? - About five years.

How came you to know any thing of this man; - how came you here? - The beginning of last year I met this man in Holborn; I was very glad to see him; I appointed him to dine with me, and accordingly he came, and brought his wife with him; a little time after that I heard of his wife being in trouble; I met her a short time ago; he worked with Joseph Hart in Deepworth, spectacle-maker; he was with him from the latter end of 1780 to the latter end of 1782, I was with him all the time.

The prisoner called John Allis , who gave him a good character.

Court. Who apprehended this man now?

Prisoner. - Nobody; I was apprehended; I was under conviction at Clerkenwell Bridewell; I cannot say what their names were that apprehended me.

Prisoner. I leave it to your opinion.

Jury to Jealous. When did you first see this man? - I believe it was in 1781.

Had you any particular reason to know that man again? - I always make that observation, I can know a man's face if I once see it, I am very well convinced that is the same man.

Court to Pitt. Are you sure he is the same man? - We used to remark him for one particular thing; he always was a very active lad; I have not the least doubt in the world of his person.

Townsend. I have no more doubt than I am living here.


The prisoner was the man that was in at that time, in July, 1781, he was convicted of a highway robbery; I remember the person of the man particularly, he was shewn me for fighting with a fellow bigger than himself.

Is it from your own knowledge, or from your servant's. - I have sworn it, that I remember him myself.

Prisoner. When Mr. Townsend came to look at me, one of the prisoners that was within the gates sent word that there was a person come to look at me, Townsend was looking through the gate the same time that this man called to me; I came out into the yard directly, as I knew I was innocent.

Jury. We wish to ask, whether there is any reward on the conviction of this man.

Court. Not the smallest.

Clerk of the Arraigns Gentlemen of the Jury; - Is the prisoner the same person or not?

Jury. He is the same person.

Court to prisoner. The Jury have judged right, and you have not been able to deceive them by calling a witness whom they have rightly disbelieved, in opposition to the weight of evidence that there was against you; you would have stood better if you had not called such a witness; I have no doubt at all, my own opinion concurring with the verdict of the Jury; it will therefore certainly be impossible for me to make so favourable a report of you to the King, as I otherwise might have done. - You now remain on your former sentence of Death , and it now remains with his Majesty what is to be your fate.

Tried by the Middlesex Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-101
VerdictNot Guilty

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282. ESTHER ELIAS was indicted for willful and corrupt perjury .

The indictment opened by Mr. Garrow; and the case by Mr. Fielding, as follows:

"May it please your Lordship, and Gentlemen of the Jury, I have to solicit your attention to the case now before you; which, as it affords the strongest instance, of the most singular audacity, I have met with; so does it involve a transaction which, when it is related to you, and more particularly proved by the lady who is obliged to prosecute the present indictment, I am sure, your feelings will be but too much alarmed; and as that will be the case, I shall endeavour to avoid every means that might possibly excite your indignation before you hear the circumstances: Gentlemen, the present indictment is prosecuted by a lady of the first fashion, Lady Juliana Howard , the sister of Lord Carlisle: it happened the aunt of her ladyship, in her life time, knew something of the mother of the defendant now at the bar; I dare say her attention to that woman arose from the poverty of her circumstances, and therefore it was that her ladyship condescended to have dealings of an insignificant kind with her; but her ladyship being a person in the most eligible pecuniary circumstances, and being exact in all her dealings, could never let any debt accrue to such a woman as the mother of the defendant; there might be, perhaps, a pound, or two, or three, or even five pounds owing to her, but there could not be more. Gentlemen, Lady Mary died 1787; soon after her death it entered the mind of the mother of the defendant and herself conjoined with her mother, to bring a charge on Lady Juliana, the present prosecutrix, as the executrix of Lady Mary: when this account was first made known to her, of course she enquired into the circumstances, as the improbability of any debt being due, struck her mind, and all those who knew her; they conceived therefore, that if it was of ever so trifling a kind, it must be an imposition; but when I tell you the debt was one hundred and ninety pounds; and when you know the situation of the parties, you will be ready to conceive there

was too much ground for such a supposition: Gentlemen, Lady Juliana communicated this demand to her friends, and as they were assured it was an imposition, of course there was a denial of payment; every possible enquiry was made into the affair of all the confidential servants of Lady Mary, many of whom knew the prisoner's mother, and her situation in life, together with every transaction; and upon the result, her ladyship was advised to resist this demand. In consequence of that it was, that they first began with a suit at law against Lady Juliana, as the executrix of her aunt; to this action there was a plea put in, and it was regularly defended, and it was as regularly tried; and the young woman now at the bar was brought forward on that occasion, to sustain the account given in by her mother, and I believe she was the only witness at that trial. What particularly passed at that trial I shall not trouble you with at present, but it is sufficient to say that, with very little hesitation, indeed, the Jury found a verdict for the defendant Lady Juliana; and the effect was that there was an end of that claim upon this lady, as executrix of her aunt. Gentlemen you would naturally conceive Lady Juliana thought she had now got rid of these people; but she was bitterly disappointed, for they came to her house, and made disturbances there of the most alarming kind; and she found there was something yet to be done, before she could totally be freed from this inconvenience. Then it was, that as in consequence of the verdict, a certain sum of money for costs might be recovered; it was suggested to her, who knew herself very little of this matter, I dare say, that if the mother was taken up for those costs, they would feel it in such a way, as to cause them to desist in future from such an interruption as I have mentioned, and on this account alone such a measure was adopted by the advice of her attorney, and it was hoped there would be an end of this business. The mother was confined, her situation was that of object povery, she not being able to discharge those costs. Gentlemen, then arose that evil of which we complain; the human mind, as is but too common, growing more and more wicked by degrees, they thought of that, which astonishes me when I think of it, and which I dare swear will astonish you when you hear it; for these people having had the audacity to put their first iniquity into force, I am surprised that according to any common degree of understanding which they possessed, they should have hit on this mode of proceeding: the idea of pursuing Lady Juliana, as executrix, was dropped; and the demand was then set up as a charge of debt to the mother from Lady Juliana herself: this could not have been verified without some application to some gentleman of the law, and I am happy that I am provided here with that testimony from those gentlemen themselves, because, it appears to me, that they should be heard, and heard in order to give that apology which their conduct seems to require; for upon an application from a woman like this, charging such a lady as that with such a debt, which was almost of the same amount as the former, and the issuing a legal process certainly demands some apology; and you will hear that she went to an attorney, and told her tale, that the attorney believed her; and then came about that evil which almost makes one shudder when one thinks of it: the attorney was persuaded to issue a writ, and bailiff's officers were employed, and Lady Juliana was arrested, and arrested under circumstances, that upon my honor I can hardly keep my temper while I am describing it, she living at her brother-in-law's Mr. Delme, in Grosvenor-square, coming out of her house, and going into her chair, she was attacked by two of those ruffians, who told her ladyship, forsooth, that they had a writ against her, and that she must go to a spunging-house; such was the state of Lady Juliana! and what was the state of her feelings you mustjudge, in forming an idea of a young lady of fashion in the hands of these ruffians, about to tear her away to a spunging-house; she desired to go to her brother's, which she did; but when there she was subject to the insults of those fellows; her brother infinitely composed thought of going to Mr. Gregg, her ladyship's attorney, away he went to Mr. Gregg: Mr. Gregg came and found Lady Juliana in a spunging-house; what her situation was I will not call your attention to any more, I am sure it must have made an impression upon you similar to what it has made upon me; after what I have told told you there can no longer remain a doubt on your minds, that this second attempt to gain property from Lady Juliana, was in consequence of the failure of the first; no pretence had ever before taken place of Lady Juliana being indebted a farthing to this woman, not a syllable; every person in the world from whom inquiry was made, put an end to the first demand; but the second is an instance of such an extraordinary iniquity, which if it had not happened I should hardly have thought it possible. This makes the foundation of the present charge, that of the young woman going before the proper officer, in order to make an affidavit of this debt; the circumstances therefore it will be proper to trouble you with, will be those a little antecedent to this time; in order that you may collect a little what the probability of this case was; with respect to the case, I trust, when you have not heard half, there will be very little doubt: - with respect to the prosecutions for perjury, in common cases of perjury, it happens that the perjury is to be proved by more than one person, the law saying, which pays no respect to ranks, God be praised! that when one person is on oath, and another upon oath, without some reason assigned, there shall be no preponderation; therefore Lady Juliana stands in that situation which the law has placed her in, there is oath against oath with respect to the action that was brought in consequence of the arrest, they have never had the audacity to proceed; that action is at rest, and it is at rest, in that way that furnishes me with a proper testimony to prosecute: Mr. Gregg, her ladyship's attorney, did every thing that became him by his vigilance and activity, and he has obtained a non-pros. The suit is at at end; if it had not, Lady Juliana, could not have prosecuted for this offence; but as it is, there is an end of all the charge set up by this young woman against her ladyship, although it is true, that the law has placed them in that situation, that oath is to have its avail against oath, yet there is another deposit which the law has placed in your bosom; you have the account which is given by the young woman as to the debt; you will now hear her ladyship upon oath; you will determine what degree of credit her ladyship's oath will deserve from you, from the necessary circumstances of her testimony; with respect to the single circumstance alone of debt, or no debt, there is oath against oath; the circumstances in the present case will be many, but they will be such as I trust will, in your minds, bring about even a more pleasant effect than if the testimony was to come from witnesses; because from the circumstances attending the nature of things, we are enabled to conclude of the certainty of truth being in our possession more frequently than from witnesses themselves, because as we cannot dive into the hearts of witnesses, we do not always know whether they are speaking truth or not; and, therefore, circumstances themselves form a better basis and reliance for our conviction. The first thing necessary will be to prove that the woman went before this officer, and made this affidavit; that will not admit of a moment's doubt: after that you will hear her ladyship's testimony, and it would be impertinent in me to anticipate what that will be; then also, there are several other circumstances, particularly that at which I rejoice inasmuch as it affords an occasion for a man, who was, I verily believe, imposedon by that young woman, to tell you what passed, why he permitted such a thing as a writ to escape from him. At present you shall hear the witnesses, I will not at all attempt to impress your minds with any improper bias; as this is a misdemeanor I shall be intitled as an advocate for Lady Juliana to a reply; I have always thought that particularly in a cause for perjury, the advocate for the prosecution ought to be extremely delicate in the management of that which is put into his hands; therefore, do promise my learned friend, the prisoner's advocate, that I shall in the sequel of this business which is intrusted to me, take no unfair advantage I hope of that liberty. Gentlemen, you are possessed of the outline of this business, we shall now proceed to call the witnesses, and I trust the event will be, that with very little hesitation you will be disposed to find a verdict for her ladyship.


I am deputy to Mr. Patience Thomas Adams , the filazer for the county of Middlesex: in a cause of Leah Elias , widow, plaintiff, against Juliana Maria Howard ; that affidavit was sworn before me.

Look round, and tell us whether you remember the person that swore it? - That I believe to be the person:

Is there any thing in the manner in which she swore swore it? - Sworn on the Old Testament.

Of course that is for persons of the Jewish persuasion? - Yes.

Do you recollect observing that person at the time the affidavit was brought to you and sworn? - By the name I concluded it was fit to use that book.

You have no doubt that the prisoner was the person who swore it? - I do not prove the identity of the prisoner; I believe that is the person; she had not that fly cap on.

Prisoner's Counsel. Did you know her before? - I believe that to be the person.

The affidavit read and examined by the Court.

Prisoner's Counsel. You do not pretend to say who swore this affidavit? - No, I do not.

Mr. Garrow. Do you mean to state that your knowledge amounts to no more than somebody swore it? - I have no doubt.

Then you do mean to say, that you do believe, and have no doubt that the prisoner was the person that made the affidavit? - I did not know I should be called off.

Court. Do you found that on your knowledge of her person, or only on your having signed the affidavit? - I do not know her person.

Then, except being told that her name is Esther Elias , you have no knowledge that she is the person? - I have not.

Mr. Garrow. Do you mean to say, that from looking at her now, you do not believe her to be the person? - I believe her to be the person that swore the affidavit.

Why do you believe that, do you recollect her person? - I do.

Court. I wish to know what your knowledge is; I do not suspect you of intentionally going beyond your knowledge, or suppressing it; but if you saw that person elsewhere, should you recollect that she was the person that swore this affidavit before you, if you was not her name? - I should.

Then what did you understand by my question, when you answered me differently a little while ago, that you had no knowledge of her person? - I meant that I did not know her to be Esther Elias .

But do you know her to be the person that swore the affidavit, whether her name is Elias or not? - I do.


Mr. Garrow. Lady Mary Howard , I believe, was your ladyship's aunt? - She was.

When did she die? - The last day of December, 1786.

Your ladyship was her executris, and acted in the management of her affairs after her death? - Yes.

Previous to Lady Mary Howard 's death, had your ladyship any acquaintance or knowledge of a person of the name of Leah Elias , or of the prisoner at the bar? - No, not of either.

Your ladyship will excuse my asking, for form's sake, whether before Lady Mary Howard's death or after, you had had any dealings with either of those persons, so as might incur a debt to them? - No, I had not.

Does your ladyship recollect how soon after the death of Lady Mary, any application was made to you to pay a debt, supposed to be due from Lady Mary to Esther Elias ? - Very soon after the death of Lady Mary, that debt was claimed as due from Lady Mary.

It was resisted on the part of your ladyship, and not paid? - Yes.

Do you recollect Madam how much was demanded at first? - One hundred and ninety-nine pounds, as I recollect.

There was a trial and a verdict for your ladyship in the action brought by the mother, in consequence of which she was committed for the costs? - There was.

During the whole time, from the death of Lady Mary, till the time of the verdict passing for you, was there ever any demand made for any debt on your own private account? - No, never.

Did you ever hear any suggestion of that sort? - No, never.

In point of fact my lady, was there any such debt due from her? - No, never.

You never had any dealings whatever of any sort or kind with the party? - No, never.

After that trial, and previous to your ladyship's arrest (a memorable circumstance in your life) was there any demand made on you? - No, never to me.

Did you ever hear that any was claimed to be due? - No, I had not the least suspicion that any such debt was claimed.

The arrest took place, I believe, the 16th of May? - It did.

Be pleased, Madam, to describe the circumstances that took place when the arrest was made?

Prisoner's Counsel. Is there any necessity for that?

Mr. Fielding. It is to prove, that she herself, at the time of the arrest pointed out Lady Juliana.

Mr. Recorder. It is certainly admissible evidence.

Mr. Garrow. And it may in this light be also material; for it may be material each way to shew the intention and knowledge of this party who swore to the debt; it is certainly admissible evidence; it certainly will inform the Jury that nothing in the circumstance of that arrest is to make any effect on their verdict, nothing improper in the conduct of the officer, nor even in the defendant herself, only just as it tends to shew the treatment of her ladyship. In what manner was your ladyship arrested? - I was coming out of Mr. Delme's house in Grosvenor-square, my chair carried me to Berkley-square; the officers there caused my chairmen to set me down, and there they told me they had a warrant against me; that was on the 16th of May in the evening, near nine o'clock; I came home to Grosvenor-square, and the bailiffs followed me up stairs, and after waiting some time, insisted on my going to the spunging-house; Mr. Delme was at home at the time; he went to Mr. Gregg's, and left me with the officers.

The Remainder of this Trial in the next Part, which shall be published in a few Days.

Old Bailey Proceedings front matter.
25th February 1789
Reference Numbert17890225-101

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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 25th of FEBRUARY, 1789, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.




Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row; and J. BELL, Royal Exchange.



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

Continuation of the Trial of Esther Elias , for Perjury.

Mr. Garrow, to Lady J. M. Howard.

How long did your ladyship continue there with them, before they insisted on taking you to the spunging-house? - I believe about half an hour.

They took you to a spunging-house, Madam? - They did; Mr. Gregg and Mr. Delme came to the spunging-house, and of course I was discharged.

How long might your ladyship be in custody? - About an hour.

I take the liberty, for form's sake, my lady, to ask you once more, whether you ever had, in the course of your life, any dealings with the prisoner or her mother, from which any possible debt could arise? - No, never.

Did it happen to you, Madam, to see this woman, the defendant, at the time you was arrested? - She was at the door with the bailiffs.

I take it for granted your ladyship had no conversation with her? - None at all.

I do not ask of your ladyship particulars, which would be extremely disagreeable, but you were treated roughly enough? - Yes.

Prisoner's Counsel. There was a debt claimed then of your ladyship, as executrix of your aunt? - Yes, there was.

One hundred and ninety-nine pounds I believe? - Yes.

That sum has never been paid yet? - No.

There had been some dealings, my lady, then, between the mother of this woman and Lady Mary? - Undoubtedly.

That business had never been settled Madam? - They never received any money from me.

At this time the plaintiff Leah Elias , the mother, was in prison at your ladyship's suit for the costs? - Yes, she was.

Mr. Garrow. Any of these instances, which my learned friend wishes, we will admit.

Prisoner's Counsel. There were some memorandums in a book of memorandums, a short time before her death, of sums paid, but not of sums due; there were a good

many articles? - Yes, I do not know what they were.

Mr. Garrow. It has been asked my lady whether there were any account of Lady Mary's in which she made herself debtor to Leah Elias ? - There was an account of different sums paid her.

Had your ladyship the smallest occasion to believe that there was a shilling due to that woman at the time of the death of Lady Mary? - Not the least, and on my own account, not a shilling.

I believe, Lady Juliana, it was understood that Lady Mary was very exact in the accounts of her money? - Yes, there was not ten pounds in the whole left that I know of.

- LAVINE sworn.

I am an attorney, I was agent for Mr. Gregg at the time of Lady Howard's death, I recollect the action that was brought in the Common Pleas, against Lady Juliana, as executrix of her ladyship's aunt.

Was you present at the time of the trial of that action? - Yes, I was.

Court. Should not you shew that there was an action depending first? - Yes.


I am clerk to Mr. Gregg, I have here the office copy of a judgment of non prof. in the action brought by Leah Elias ; the action in which this affidavit was made, this I have examined, according to custom, with the clerk of the King's Bench; I examined it myself.

Did you examine it both ways? - I did.

Here is a copy of the record in the former action? - Yes, I examined this.

Mr. Garrow. The first paper the witness has produced is a judgment of non prof. in the present action; the second paper is a judgment against the mother of this defendant, in the action brought in the Common Pleas, to which I am now going to examine, which was brought against Lady Juliana Howard , as executrix of Lady Mary Howard .

Mr. Lavine. I was in Mr. Gregg's office during the time of this action, I was present at the trial, it was an action in the Common Pleas, it was tried the sitting after Easter term, 1787, or in Trinity term.

Did you hear the present prisoner examined as a witness on the present occasion? - Yes, she was, she swore to the delivery of the things that were charged, and this is an account that she delivered in; this is an account of Lady Mary Howard to Leah Elias , beginning April 1784, and going down to December, 1786; she was examined very fully in that case.

Do you remember whether any other paper was exhibited on the part of the plaintiff? - Yes, there were two other papers exhibited to prove something out of a book, which I believe now the Counsel has before him.

Court. What any of the witnesses said in that case, in the presence of the witness, is evidence.

Lavine. The witnesses were examined apart.

Mr. Garrow. Who was called first? - She was examined herself, and she endeavoured to sustain the demand of the mother against the present prosecutrix.

Did she at that time say any one syllable of any demand; that the mother had any demand from Lady Mary Howard ? - No, she swore to the debt due from Lady Mary Howard to her mother.

That cause ended in a verdict for the plaintiff? - Yes.

Do you remember this being said by witnesses in the presence of the present defendant, and proved to her satisfaction in her presence, that no debt whatever was due from Lady Mary?

Court. The verdict tells that.

In consequence of this I believe the plaintiff in that action was committed for the costs? - Why Sir, in consequence of their very much molesting us and Lady Juliana, we recommended it as the only means of quieting them, as they were almost always together; and some time in the middle of December we issued a writ against her.

Lady Juliana at first did not think it necessary to take this miserable old woman for the costs, but she did it as a means to get rid of the nuisance? - We recommended it to her, I believe.

Had you any conversation with the prisoner after the arrest? - I know nothing of the arrest; she came to the office frequently, and all times she has claimed a debt due to her from Lady Juliana as executrix; and after this arrest another action was brought in the name of the mother against Lady Juliana as executrix; I believe that gentleman, Mr. Redhead, was the attorney in that action for her.

Prisoner's Counsel. I understand from you, that this poor woman being troublesome, she was sent to gaol for the costs? - Yes.

And this woman being troublesome, she was indicted for the perjury? - To be sure.

That is the history of the business, I believe? - Compassion might have induced Lady Juliana if she had not been troublesome.

You never understood she had any other demand? - She always pretended that the judgment Lady Howard had recovered against her was for want of assets; therefore she must continue that demand against her executrix.

Do you look upon her as a mad-woman? - I do not know; her conduct was certainly curious to be sure.

Mr. Garrow. She has often insisted on her former demand, but she thought her defeat arose from want of assets? - Yes.

My learned friend says, that because that woman was troublesome she was committed; it was in the power of Lady Juliana to have committed her for the costs as soon as those costs were taxed? - Yes, clearly.

Out of compassion to a miserable old wretch she refrained? - Yes.

But at last, because they were so troublesome a writ was issued? - Yes.

And this prisoner was indicted because she had perjured herself and arrested Lady Juliana in consequence? - We told Lady Juliana, that our idea was, that she ought in justice to be arrested, but we could not do it till the action was non-prossed.

- ROBERTS sworn.

I am an attorney; I know the prisoner; she applied to me some time in May last to take out a writ against a Mrs. Juliana Howard ; she described her to me.

Prisoner's Counsel. I suppose you know nothing of this, but what was told you in your character of attorney to this woman? - No.

Prisoner's Counsel. Does your Lordship think that whatever is said to an attorney under such a character, that he shall be at liberty to disclose it?

Mr. Garrow. My Lord, there is no man in the profession, I trust, who would be more ready to anticipate an objection of this sort, in any case where it was fair and sit to take place, than I am; and I have anticipated the question, and I think I am perfectly equal to the task of obviating all reasonable doubts in your Lordship's mind. I agree, that any thing that is a fair communication in consequence of the situation of attorney and client is not afterwards to be divulged, with the exception, however, where the interest of the publick and criminal justice is concerned; because all that I ask of Mr. Roberts, and all that I wish to ask of another Gentleman, are facts, not secrets, committed to the confidence of an attorney; and would it be endured, that a person about to commit a crime should shelter himself by going to those who are, in many circumstances within the seal of confidence and secrecy; and that, therefore, those who in other relations do stand with their mouths closed, should not be witnesses for the Publick, and for the administration of the justice of the country? suppose a man intends to commit a forgery, or high treason; and I choose the last case for my argument; suppose he should go to some Gentlemen at the Bar, to whom the secresy applies equally as strong, and should state to him, that he

had it in his contemplation to do some flagrant act of high treason, and that he desired to know how he might do it with safety; if it became a question afterwards on an indictment for treason, whether that man had done such a fact, should it be permitted, that any technical rule of the confidence between an attorney and client should sacrifice the whole interest of the community. My Lord, I ask no secrets of Mr. Roberts; but I ask him, Did not she ask of you to arrest a Mrs. Juliana Howard ? and I ask, what secret there is in that? and I say, that this woman communicates in artful and disingenuous terms her case to Mr. Roberts; and I desire to know what fact she desired to be done; whether she desired the arrest to be made; whether she desired his clerk to go with her to swear the affidavit; and whether she pointed out Lady Juliana to the bailiffs. Is not it common to see a man, of the character of my friend Mr. Gregg, called upon to prove the hand-writing of his client; for in many other cases, what other way could a man possibly have in proving a hand-writing? If, therefore, I am asking facts of Mr. Roberts, not within that seal of confidence, I am intitled to have them answered.

Court. Are you prepared with any authority, that any line of distinction has been drawn, and that it has been dispensed with in any case, except the one you mean, high-treason.

Mr. Garrow. Undoubtedly I am not; and if I have succeeded, I do not want it; I seriously complain that my learned friend has not condescended to state to me the grounds of his objections; I agree there is nothing short of high-treason, that admits an attorney to disclose the secrets of his client; but I say I am not asking those secrets.

Court. Though Mr. Silvester has not stated the grounds of his objection, I will state shortly the reasons on which I conceive the objection is a good one, and then what I conceive to be the line; for it by no means follows, that because Mr. Roberts happened to be the attorney of the party, that there is no question which you may be permitted to put; I perceive that the privilege in question is not the privilege of the attorney, but of the client; and that the attorney, if inclined, has not a right, nor ought to be permitted by a Court of Justice, to make that attempt; for it is for the sake of leaving the course of law, both civil and criminal, open to all the King's subjects, that they are permitted to consult and advise with those who prosess the business of the law, with freedom and with confidence, and that they may collect their real opinion, and be properly as well as honestly informed, that they shall be at liberty to make a full disclosure without the hazard of any privilege in their civil rights, or subjecting themselves to criminal prosecution: the privilege can never extend to a suppression of that evidence which would have existed without it; because it does not shut the mouth of the attorney as to any facts which came to his knowledge, prior to that connection, or exclusive of that connection; so that it never can have the effect of obstructing publick justice; because it is the evidence, which arises from such communication alone, that is to suppressed; then I am not aware of any case, except that of high-treason, which authorises, I will not say impels, an attorney to disclose in a Court of Justice, the communications made to him by his client in the course of any professional employ, or any professional consultation, to the prejudice of the life, fortune, or liberty of that client; the law forbids all mankind to be the repository of the secret of treason, and the fact of reception, and concealing of the secret, is without reserve a crime in all who do it; I conceive in all other cases the law to be clear, that you are not at liberty to ask an attorney to any conversation that passed, in the course of his employ as an attorney, between him and his client, nor to any fact disclosed to him, in the way of instructions for his legal proceedings; you are certainly at liberty to call him to prove a handwriting,

to prove the fact of an arrest, because these are things that make no part of his instructions, nor of the confidence, under which he is employed, but beyond that, you are certainly not permitted to examine him in that capacity; and, therefore, the objection being in some degree conceded to by yourself, and in my opinion in part, a good objection, I think the objection will depend on every question you ask.

Mr. Garrow to Mr. Roberts. I believe I had got the length of asking you, whether you knew the prisoner at the bar? - I do.

When did you first become acquainted with her? - Some time in the month of May, the same day that the affidavit was sworn, I do not recollect the day.

Did you prepare the affidavit yourself? - I drew it, and my clerk copied it; I did not attend the defendant to swear it; I did not issue the writ, I did not deliver it to the officer; my clerk took the whole of it from me to the officer.

Now I will ask you a negative question, to which I think there can be no great objection: Did the defendant apprise you of the situation and rank of the person to be arrested? - She did not.

She did not tell you where that person lived? - She did not mention where she lived, only the square, not at any person's house.

Had you any reason to believe, previous to the arrest, that the person who was to be the subject of that action, was of the rank that you afterwards found? - I had not.


Do you know the defendant? - Yes: I am Clerk to Mr. Roberts; I know the defendant to be the person; I attended from Mr. Roberts to the Filacer's.

Is she the person that went with you to the Filacer's?

Court. That is a fair question.

She is.

Was that affidavit read over to her before it was sworn? - I believe it was.

Have you any doubt about it? - We always do read them.

Did you attend her to deliver the writ to the officer? - I do not know whether she went with me or no; I carried the writ to the officer, I believe she might, I do not recollect every person that goes with me.

I will have an answer, that is no secret of your client's? - I believe she might go with me; I do not know for certain whether she did or not.

Have you any doubt she did? - No, I have not.

Do not you know that she went with the officer to accomplish that arrest? - I do not, the action she told me going to the Filacer's was against a Mrs. Howard, who lived with a Mr. Delme.

There was a special Capias issued? - Yes.

And executed? - I believe it was.

Who was the officer it was delivered to? - Armstrong and Ward.


You are a Sheriff's officer? - Yes.

Do you know the prisoner at the bar? - Yes.

When did you see her first? - I cannot recollect.

How long before you arrested Lady Howard? - About two hours.

Where did you see her first? - In Carey-street; she came to Mr. Armstrong's.

Do you recollect, whether anybody came with her? - No, I do not recollect anybody came.

She brought a warrant to you, I take it for granted? - Yes.

What direction did she give you? - She acquainted me where the lady lived.

Who did she tell you the lady was? - Lady Howard that lived in Grosvenor-square.

Do you mean to swear that she told you it was Lady Howard? - I am not clear in that; she said it was a gentlewoman.

Do you mean to swear, that she told you the rank of the person you was to arrest? - No, I do not believe she did; she said I

was to arrest a lady that lived in Portman-square, I think it was; I took it so.

Did she tell you the rank of the person you was to arrest? - She went with me to point her out.

Court. What did she call the lady? - Lady Howard.

Did you look at your warrant? - Yes.

Do you mean to swear that she called her Lady Howard? - I did not know she was a lady.

Do you mean to swear that this woman told you she was Lady Howard? - I cannot positively say, she might or she might not.

I ask you upon your oath? - I believe she might.

Mr. Garrow. Let George Bradbury go out of Court.

State upon your oath what the prisoner told you was the condition of the person you was to arrest, and where she lived? - I have told you.

I will make you tell me further, I repeat my question; who did the prisoner tell you, you was to arrest? where she lived? and what was her condition? - She shewed me the house, and we staid in the square two hours; I did not know the lady.

When the prisoner came to Armstrong's office, who did she tell you, you was to arrest? - I had not the pleasure of seeing her at first; she told me to go up with her into Portman-square, and there to arrest the lady; I do not recollect what she said.

In what situation of life did she describe the person to live that you were to arrest? - She informed me she lived there with a gentleman; I cannot say what she said, there was very little passed between her and me.

Court. You shall answer the question, do not shuffle and prevaricate? - I can tell no more than I heard.

In what condition of life did the woman at the bar describe the lady to live that you were to arrest? - She said she believed it was a lady that was kept by some gentleman.

Do you mean to say, Sir, that she said she believed she was kept by some gentleman? - I cannot say any more; I am not clear in just the expression that she made use of, she signified that she was a lady of easy virtue.

When was you to find this lady of easy virtue, and under what circumstances? - We were to wait 'till such time as she came out of doors.

What, from her gentleman? - Yes, I suppose so.

Well, you went to the square? - Yes.

How long did you wait there? - About two hours and a half.

And at last this lady of easy virtue came out? - Yes.

In her chair, I believe? - Yes.

How far did you attend her chair? - We attended it down as far as Berkeley-square.

Was the prisoner with you at the time you made your caption? - Yes.

What did she say when she pointed out your prey to you? - She said, that was the lady, and she desired me to arrest her.

Where did you make your caption? - I spoke to the chairman, we were as polite as we could be.

You did not overturn the chair, I suppose; you were as civil as your natures would admit of; then you took the lady back to her keeper's house? - We desired the chairmen to take her back to her house.

How long did the lady continue in your custody? - About two hours, or an hour and a half; she came down to Mr. Armstrong's in Carey-street.

What, it was the lady's choice to go to this spunging-house? - I believe the gentleman and she concluded to go.

Do you mean to swear that now? Did you not take her there? - To be sure I went in the chariot with her.

Mr. Garrow. It is the first time and the last you ever had such company.

Court. Now, I wish to ask you, how you came to take the lady from Mr. Delme's

to Mr. Armstrong's? - For the better convenience of settling the business, because we would not disturb the lady to keep her there so long.

Do you fancy I can take that for a true answer, that you took the lady to the spunging-house for her convenience; how dare you give me such an answer? - I do not know it was so.

Do you swear that? think before you do? - It was to shorten the business, while the servant went to Mr. Gregg's; we went to Carey-street.

Do you swear that, or do you not? - I cannot say exactly the words I made use of at that time.

Upon your oath, Sir, why did you take her to the spunging-house? - I had not the pleasure of knowing who the lady was.

Had not you before that time known who the lady was from her servants? - There was not a servant that I had any conference with.

Were you in such a house without making any enquiry where you were, and who was your prisoner? - We went up stairs, and I never saw any other person, but the gentleman that was with her.

Are you a Sheriff's officer now? - Yes.

In what office? - In Carey-street.


I am an assistant to Mr. Armstrong and Mr. Ward.

Do you know the prisoner? - Yes.

Do you remember seeing her at Armstrong's on the 16th of May? - I do.

Did you hear the directions given for the arrest that was to be made? - She was there more than once, and made a great many words that we could not arrest the lady; she said, we did not pay attention to it as we ought to do, and on that day she came and went with us to the place, and we went and waited till my lady came out in her chair.

Prisoner's Council. Does your lordship think I am called upon in this state of the business, in a case proved singly, to say any thing on behalf of the defendant; I do not mean to throw any imputation on the prosecution, and I am very sorry likewise that this case has happened, but we must go by the rules of the law.

Mr. Garrow. There can be no objection in your pointing out to me what you conceive to be the circumstances from which it appears, independent of Lady Juliana's evidence, the credit of which I shall never leave to a Jury, that there was no debt due to this woman from Lady Juliana. My Lord, the fact to be made out to the Jury is, that the allegation of the defendant was untrue; I feel extremely reluctant to do that which the right of my learned friend, and the justice of the Court calls me to do; I am put into this situation to prove it by piecemeal, I am not justified in going to observations as by way of reply; I am called on now to sum up that evidence which has been given; if I am right in asserting that, all that is incumbent on me to prove, is, that no debt was due at the time of this affidavit from Lady Juliana Howard to the mother; I have not the smallest doubt in stating on what grounds I ask, nay I demand, the verdict of the Jury; I have testimony out of her own mouth, I have her own acts, in addition to that testimony which you have said does not require any confirmation, I am content to take that case, as if the prosecutrix was the most obscure, the least known, and the least honourable of her sex.

Court. We must take it so.

Mr. Garrow. I am content so to take it; I have the positive oath of the prosecutrix; I have in addition to that a chain of circumstances under the hand and the oath of the defendant herself, by which I expect a verdict; I mention those circumstances but slightly; it is proved by Lady Juliana first, that no debt is due; next, that no transaction has passed between her and the defendant, or the defendant's mother; next, I have the defendant, on oath, I have her examination in the Court of Common Pleas, where she attended as a witness of her mother, in an action brought by that

mother, not against the present prosecutrix, as a debt due from her, but proceeding on the idea, that is due as the executrix of Lady Mary; she is cross-examined, she proceeds to the full length of disclosing all she knew on that subject, she does not intimate an opinion, she does not intimate a suggestion that Lady Juliana owes a shilling; what have we more? we have her laying by during six months application at the office of the attorney for Lady Juliana in that action, pressing for something from Lady Juliana, never pretending that any thing was due but as executrix; and she has put in a miserable plea of want of assets: - It is proved by the testimony of Mr. Lavine, that from the time of that application down to the time of this arrest, this woman never made any demand on Lady Juliana in her own character; if I want additional testimony I have it from Mr. Roberts; I knew him elsewhere; I respect him as much as his character deserves; and I do not mean to say I respect him slightly; he has not had a single question put to him about the conduct of this woman, whether she did not, the first moment she came there, say Lady Juliana has defeated me as far as she is executrix of Lady Mary, but I have a debt of her own which no plea can defeat, I will arrest her, and hold her to bail; was not that the language of a woman that had a real demand? but was that her language? My Lord, if I were addressing myself now to the Jury, I should have no sort of difficulty on the result of the verdict; if I want addition to all this, not addition to the credit of Lady Juliana; but that addition which the law requires in a case of perjury to counterbalance the oath that is made by the defendant, which is contradicted only by the oath of Lady Juliana, I might receive additional confirmation even from that miserable witness the Sheriff's officer; for is there a man of the Jury that can doubt, first that there was no debt due from Lady Mary; and next, that there was no debt due from Lady Juliana, but I have no other burden upon me than proving there was nothing due at the time this affidavit was made; and I think I have done that very sufficiently, and need not even to mention the great uncertainty that there is of any man among us, even of high condition, being arrested going home to night, if persons are to be arrested upon such affidavits; though I know that in such a case an indictment for a conspiracy would prevail, and the parties be convicted; if my learned friend can make out a debt due from Lady Juliana, let him, let him disgrace her in the face of her country; and then the Jury will attend to it, and will pay no more respect to the oath of Lady Juliana, than to the oath of the prisoner; but if he cannot prove such a debt due, it seems to me, with great deferance to your Lordship, to hold out, as it mere, an incitment to perjury, unless the case is permitted to go to the Jury.

Mr. Garrow to Mr. Roberts. Do you remember any application being made to you on the part of Lady Juliana, for an account of the demand of your client? - I do not recollect any requisition to me for a demand; Mr. Lavine and me had some conversation about her, and I had at that time-given up the business.

Was you ever furnished by the defendent with any particulars of the demand against Juliana? - I was furnished with the particulars of a demand as against her, but when I saw it, I did not conceive it to be a demand against Lady Juliana.

Was it, in point of fact, a demand against her? - It was not.

Court to Mr. Lavine. State to me the steps that were taken to non pros. the action? - There was a non pros. signed for want of declaration.

In consequence of any previous notice given? - We put in bail, I attended the very next morning upon Mr. Roberts, and told him what had happened.

Court. My only doubt is whether I ought to leave this evidence to the Jury or not; in point of law I have no doubt at all

of the general proposition stated by the Counsel for the prosecution, being a true one, which is, that perjury may be proved by circumstances as well as by positive testimony; and in my opinion the rule of law is not critically stated, when it states that it requires two or more witnesses to convict of perjury; if there is but one called, that the defendant cannot be convicted is certain; but that it requires two or more witnesses to the fact, I conceive to be different; I conceive that no person shall be convicted of perjury on the evidence of one witness only, of what description soever; the credit of the witness never comes into the contemplation of the law or the Court, when this point is under consideration, the addition of circumstances to that testimony, and if circumstances proved by other witnesses, may be evidence to be left to a Jury; my doubt is, whether we can pick out in this case circumstances proved by other witnesses, that seem sufficiently to go to the non-existence of the debt from Lady Juliana to the defendant, to be left to the Jury as an additional legal supply of the defect of evidence, not as the supply of the defect of the credit of the evidence, but as a defect of evidence.

Court to Roberts. Was the bill that was delivered you by your client, after she employed you as attorney in the action, with a view of instructing you in this action? - With a view of giving me instructions for the declaration.

Court. Then unless the prisoner's Counsel desires it, I cannot permit you to answer that question; the circumstances that appear to me, Mr. Garrow, are, first, that the action was not proceeded in; that alone I do not think would be sufficient to go to the Jury; because if it would, it would follow, that this would apply in all cases where an action was discontinued for any reason: here are circumstances to shew that there was no account of the demand ever given, though there was an opportunity of giving it; and there are circumstances enough to shew that the prisoner acted certainly (if that were the question) upon malicious motives; but the only doubt I have is, whether there are circumstances proved by other witnesses that go farther than that the action was not proceeded in; however in this case, if it pressed, I will leave it to the Jury, giving the prisoner the advantage of saving the point, whether it ought to have been, in point of law, left to the Jury or not; whether there are, exclusive of the evidence of Lady Juliana, circumstances of the non-existence of the debt sufficient to be left to the Jury?

Mr. Garrow. I am perfectly satisfied there are; I wish it to go to the Jury.

Prisoner's Counsel. May it please your Lordship, and you Gentlemen of the Jury, to favour me on the part of the defendant at your bar: Far be it from me to throw any imputation on so respectable a lady; far be it from me to justify the brutal conduct of the officer who arrested her: I do not stand here either to justify the one, or to accuse the other; but I stand here as Counsel for that woman, who is intitled to your verdict; I say intitled to it, because unless she is convicted by direct and legal evidence, though her situation is that of a poor, ignorant, frantic Jewess, and the prosecutrix a lady of large estate; yet the law extends to one as well as the other. Gentlemen, the crime imputed to her is the crime of perjury; that crime is stated to be that she swore a debt due to her from this lady: when oath comes to be weighed against oath, you cannot say which it is that has sworn false; when I say this, I do not mean any imputation on that lady; I mean it merely as an abstract proposition of law, that when it is oath against oath, the law will not permit that person to be convicted of the crime of perjury; but that oath, it is said, may be confirmed by a number of circumstances. We have had it confirmed in this Court, by circumstances corroborated the oath of the person, and proved that what the other swore was absolutely false; if the bill had been delivered with the dates to it, and the lady could

have proved either that she was out of the country, or that the person who charged her was not in the country at the time, that would have been a strong circumstance to have proved the perjury. Gentlemen it is told you by the learned Counsel, that gentlemen may be arrested going from here: there are instances where men have been convicted of illegal arrests. The Counsel who conducted this prosecution, said it was the strongest instance of criminal audacity, and that he would not raise your indignation, though he endeavoured all in his power to raise that indignation at the treatment the lady had met with from the officers; but Gentlemen, the prisoner at the bar, whatever her crimes or faults may be, is not to answer for the misconduct of others; what they have done they are answerable for; and faults of this kind should come clear before you, and women of the description of the prisoner are not to be oppressed. It is not the high rank of the prosecutrix, it is not the abilities of the Counsel that will make you swerve from what is right; because what is law for her to-day, is law for yourselves to-morrow. You will consider your own situations; if that woman could be convicted on this indictment for perjury, how could you arrest any of your customers for goods delivered by yourselves; perhaps you make the affidavit, and the moment your customer proves that, he is to indict you, and bring you to that bar. Gentlemen, the fact for you to try is, whether in truth and in fact any debt was due from Lady Juliana to to Lear Elias; it is for you to determine whether an oath taken even by the most respectable person in this country, is sufficient to convict any one of perjury, because if it is, it is the power of any man, let him be ever so bad, to be a witness against one of you; you may stand at that bar, because you cannot object to his competency, though you may to his credit; you may be first of all swindled out of your goods; then when you arrest the man, he may stand up here as a prosecutor against you; he has a right to be believed, if it is once laid down in this or any other Court, that the single testimony of any witness, if competent, you are to give credit to the question; how much credit, is another point, but the law makes no distinction.

Mr. Garrow. My Lord, I have taken the liberty of stopping my worthy friend, in consequence of the orders I have received from my client; Lady Juliana has attended to what has passed here to-day, and she has found it necessary to prosecute the present defendant, of whose conduct my learned friend has not even attempted a justification, and whilst I say, that there are no terms in the English language sufficient to express every honest man's detestation of the crime of perjury; and that my client, therefore, thought it necessary to prefer the present indictment, that society should not suffer from attempts to pick her pocket of a sum of money, to prevail against her, so as to become an example for others; but she instructs me to say, that she would be more favoured than any body, if a verdict should be obtained on evidence of her own, on which there could be the slightest doubt in the minds of lawyers, that it was not confirmed according to all possible technical rules; it is not in consequence of any judgment of my own, whatever respect I may have for the Court, I still hope I should be intitled to a verdict on the result of this inquiry; but in consequence of the desire of my client, I am to desire the Jury may find the defendant, Not Guilty; it is fit the prisoner should understand that she owes it to the clemency and goodness of Lady Juliana; she has no obligations to me; I should have found it my duty to have superceded that request, not only for the lady but for the public.

Court. I think it right to explain the reasons upon which I have not resisted the very humane desire expressed by the prosecutrix; for under some circumstances I have thought it my duty not to give way as desired, but to put it to the Jury, to find a verdict according to the evidence, for by

no means in general is it consistent with justice, that a defendant should be acquitted even though it is the desire of those who are most honourably prosecutors, because the public is infinitely more interested in this prosecution than the individual that brings it forward; nothing certainly can have been more honourable than the whole conduct of this prosecution, from the commencement of it, to the desire that now calls upon me to express my sentiments; therefore I wish the ground upon which I give way to that desire to be fully understood: if the matter stood in such a situation, that consistent with the general rules of law established for the protection of innocence, and which have no sort of relation to the rank, character, or situation of parties, how high or how low soever; if it were clearly consistent with these rules, that this case should go to the Jury upon the credit of Lady Juliana's evidence, I am pretty confident there could not be a moment's hesitation in any man's mind in Court, if that were the question; but the rule of law is precise, and fixed, that upon the single testimony of any witness whatever, not confirmed either by other direct and positive evidence, or by strong circumstantial evidence, a person shall be convicted of this particular offence, and the law makes no distinction, whether that witness shall be the Archbishop of Canterbury, or the lady who has now given testimony, two characters equally intitled to belief I am sure, or whether it shall be the meanest and most profligate character that comes with proper competency into a Court of Justice; in turning this in my mind I should have found some difficulty in picking out the circumstances that were to go to your consideration, to shew that the oath that was taken by the prisoner was false, and within our own knowledge false; both which are necessary; and even if there had been circumstances to shew that the oath was literally false; that is, that there was no debt due from Lady Juliana Howard to the prisoner in her own right; still I am of opinion, that would not have been sufficient to find the prisoner guilty on this indictment; because it is necessary in the crime of perjury, not only that the oath should be false, but that it should be known by the party to be so at the time. Now it appears from the evidence for the prosecution, particularly from Mr. Lavine's evidence, for every part of it is given, with the utmost fairness, it appears that before the time of this arrest, that before the verdict in the Common Pleas, and before any idea of that verdict, this misguided, and worse than misguided woman, had been making repeated demands, and pressing and teazing, but always demanding as a debt due from Lady Mary, and making her demands against Lady Juliana as executrix; - now there is no positive proof whatever on this trial, and it would be difficult, perhaps, to produce it, unless we were to go into the secret communications with her attorney, that this woman knew a point of law, which many people, not of the profession, in this Court probably may not know at this moment; which is, that a person cannot be sued in their own right for a debt due by the person to whom they are executor; it is a proposition perfectly clear in point of law, but there is no evidence before us, that the prisoner knew that distinction; before, therefore, she could be convicted on this indictment, we must have evidence to prove, not only that there was no debt due from Lady Juliana in her own right, but that there was no debt due from Lady Mary; because this woman might have conceived that she had a right of action against Lady Juliana, and not distinguishing as a lawyer could do, might have brought that action wrong. Now, that there was no such debt due from Lady Mary to her mother, there is strong proof from the verdict in the former case to believe, but it does not necessarily follow, that that witness knew that she had produced an account on the trial of the former cause, which I see contains an inventory of the delivery of a great many things; now, those things may or may not be all that was delivered to Lady Mary, some ofthem unquestionably were, for there are entries in Lady Mary's memorandums of payments, but the prisoner might not have known what money her mother might have received of Lady Mary, for that knowledge has not been brought home in evidence to her to day; I think I can say without any danger to the prisoner, and without any offence to public justice, that if this prosecution had been carried on with a very vindictive spirit, much stronger evidence might have been produced against the prisoner, but on the evidence to-day I do not think that I am bound in duty to prevent your complying with the humane desire expressed by the prosecutrix; at the same time I should have found an uneasiness in leaving the point to your verdict from the evidence, for this reason, because independent of the fact of the perjury supposed to be committed in the affidavit, the conduct of this woman has been so attrocious, so brutal, so malignant, and so contrary to every thing that renders a person fit for society, that there would have been some difficulty to divest your minds of all prejudice, and though that conduct does not directly go to substantiate this charge, I mean the brutal behaviour of the prisoner, and those employed by her in the arrest, in the manner in which it was conducted, and still more in the instructions given by the defendant for that arrest, as far as the law can reach, that it seems to be due to public justice, to punish that offence, and I am sure it would be wise, if certain other methods were pursued still to punish this woman, but I do not think there is any thing against publick justice on the evidence now before you in your acquitting the prisoner of this charge.


Court to Prisoner. You owe it in part to the clemency of your prosecutrix, and in part to the very strict and rigid rules of law which must govern in these cases, that you have escaped to day that punishment which there is very strong reason to believe you have most richly deserved; it will depend on the future humanity of Lady Juliana, whether you will escape from all punishment, because there is a part of your conduct from which the acquittal of this Jury will not protect you, and which certainly subjects you to punishment, and to punishment of severity. If you escape further prosecution, I hope her ladyship's lenity will not be abused, as it hither to has been, and that you will be conscious of your own guilt, and behave accordingly.

Prisoner. I did not want to do any thing to affront her ladyship, nor ever meant to do it.

Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-102
VerdictNot Guilty

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25th February 1789
Reference Numbert17890225-103
VerdictNot Guilty

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Tried by the London Jury before Mr. RECORDER.

25th February 1789
Reference Numbert17890225-104
SentenceImprisonment > newgate

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285. JAMES PAYNE was indicted, for that he, with several others not in cusdody, one John Roe , an officer of the excise , in the execution of his duty, in seizing

twenty gallons of brandy, and twenty gallons of geneva, which were liable to be seized, and did assault and obstruct him against the statute, and against the King's peace .

A second and third counts, laying the offence different ways.

The witnesses examined apart.

The indictment opened by Mr. Knapp, and the case by Mr. Solicitor General.

JOHN ROE sworn.

(Examined by Mr. Silvester.)

I am an officer of the excise, I was stationed at Lare Delahoy, near Colchester; on the 22d of December last I went on the look-out at Beldon, to the Rose public-house, which is by the sea-coast, about half a mile from Mersey Island; when I was at the Rose public-house, I observed a number of horses and asses going towards the island, they were going by the house which is close by the road side, I observed the prisoner at the bar to be one of the party, I knew him before, he was upon an ass; upon this I informed my brother officers; when I saw them it was about four in the afternoon, I went to Colchester for some assistance, and I brought back with me Drawbridge, Eddy and Storer; one of them is the Collector's clerk, the other two are officers; we returned back some time between eight and ten, then we went to a place called Manwood ; wood; which is the direct road between Colchester and Mersey Island; we divided, Drawbridge and me went first, and Eddy and Storer staid about a couple of rods behind; about half way through the wood, we heard a number of horses and men coming down the road, which is in the wood; they were coming from Mersey Island towards us, they were talking together like farmers; me and Drawbridge stept on one side out of the road behind the bushes; as soon as we did that we observed two horses and some asses come first, with five or six tubs flung on each of the horses and asses; then Drawbridge and me directly went out and stopt a dun horse, a little bay mare, and one ass, they being first; there was a man alighted from the dun horse, we told him we were officers of the excise, and we must have their goods that they had got; we told him loud enough that the whole party might hear; the man that alighted from the dun horse made no answer at all, but came directly, and struck at me with a stick, on my arm; it was a large stick, about four or five foot long; then I directly having a stick in my hand, struck at him and knocked him down; that was not the defendant; then Mr. Drawbridge caught hold of the dun horse by the head, and Payne (the prisoner) and two others, struck at Drawbridge with a stick; Drawbridge was down, I went and struck at the three men and beat them off while he got up; then Payne returned and caught hold of me round the body, and I tript up his heels; he kept hold of me, and we both fell together; as soon as I was on the ground on him, I felt the blood run down my face, but I did not know from whence it came; I did not feel any blow at that time; when I came to examine, as soon as I got up, I put my hand to my forehead, and found my head was cut in two places: I had laid on the ground three or four minutes before I got up, I called Mr. Drawbridge to my assistance; Payne kept hold of me, and I could not free myself; when Drawbridge came to relieve me, I said, don't strike, for I am at top; then Payne said immediately, as Drawbridge came up, you mean to murder me, and he let go his hold, and then I perceived I was cut; as soon as I got up I found nine or ten persons were beating of Mr. Drawbridge; then I saw Eddy down, and Payne and he were together; I relieved Eddy by beating Payne and another man off; when I was beating him off, Payne said, don't strike me, I am an officer: after that somebody struck me

on the back part of my head, and knocked me down, and I was insensible; when I came to myself, my partners were all gone, and I saw nothing but a single ass with five tubs upon it; the other officers had gone away with the two horses; I found I had a large wound at the top of my head; I put the ass inside a gate, by the road side, where there were two other asses, with five tubs a-piece; then directly there were five other men, who were in the field, came up, and beat me very much with sticks, and took away all the tubs from me, and two of the asses; I then went on the road, towards Colchester, to see after my partners; I did not see any of them 'till I came to Colchester, where I found them; I then tasted what they had taken, and I found it was Holland's gin, and brandy; it was in the usual tubs that smugglers have; I afterwards went, and got my head dressed; I was ill three weeks afterwards.


(Examined by Mr. Garrow.)

I am an officer of the Excise; I went in company with the last witness, and two others, to Manwood; when we got into the middle, we heard some men and horses coming; the men were talking; we went aside, and Eddy and Storer were behind us; as soon as the smugglers came opposite to us we went out, and I asked, what they had got? they said, what is that to you? there appeared to be eight or nine of them; I told them we were King's officers, and must see what they had got; there were two men on horses, one a dun, and the other a brown; they had five tubs on each, with sling cords; Rowe was further on than me; the two men alighted, and went towards Rowe, and one of them struck at him, it appeared to me to be with a large bludgeon, or whip; when I saw them dismount, before they went to Rowe, I called out to my brother officers not to hurt any one unless they resisted; I went up, and seized the dun horse; and, in a minute or two after that, I heard Eddy cry out, Drawbridge! Drawbridge! come to my assistance, for I am down; he was about four rods from me; I went, and found him closed with one of the smugglers in the bushes; they were down, and he told me, the smuggler would not let him go; Eddy was uppermost; I desired the smuggler to let him go; if he did not, I must strike him; I had a drawn cutlass in my hand; he would not let Eddy go, and I struck the smuggler; and he let him go, and I desired Eddy not to close with any of them any more; I then went back, and took hold of the horse; two or three of the smugglers came and struck the horse to make him go away, but I held him fast; one of the smugglers then came up, and with a long stick about four feet and a half long, which he held in both his hands, and struck me on the back of the head; I had an iron cap on, but notwithstanding I was stunned; and while I was staggering, I heard a voice say, damn you, Dawbridge, now we have you we will do you, and I fell; and three or four of the smugglers were beating of me with large bludgeons; while I was down, I called out to Rowe to come to my assistance, or I should be murdered; I got up, and staggered to the road, where I fell again; and the smugglers came up and laid on me again; then Rowe came to my assistance, and beat them off, and I got up again: we got the two horses with ten casks, which we tasted at Colchester, and I found it to be geneva and brandy; me and the three officers took them to Colchester, and Rowe followed us; I am sure the defendant is one that struck me; I struck him again; three times with the cutlass, I struck him on the head; I am positive he is the man.


I am a surgeon in Colchester; I dressed

the prisoner on the night of the 22d of December, about two miles from Manwood, at a house between Mersey Island and Manwood; I believe there were six of them all wounded; the general tenor of their conversation was, that they had had an affray with the Excise officers in Manwood, and that they were all wounded; the prisoner was one of them; I dressed them all; he had three long cuts on the forehead, and a blow on the skull; that I took several pieces of bone out of his skull; he appeared from his wounds to be almost in a stupid state; he had a most terrible cut on the wrist, about three quarters through the bone, so that I was obliged to get a board sawed, to lay his arm on and bind round to keep it together; I expressed my surprize at seeing men in that state, and in liquor; at the time I dressed the prisoner I did not think he would recover from the state of the wound in the skull.

Mr. Knowlys addressed the Jury on the behalf of the prisoner, and called two witnesses who gave him a good character.


Imprisoned two years in Newgate .

The Solicitor General withdrew the other two indictments.

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

25th February 1789
Reference Numbert17890225-105
VerdictNot Guilty

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286. HENRY LAWRENCE was indicted for a similar offence .

The Solicitor General, in consequence of some very favourable circumstances in the case of the defendant, refused to call any evidence.


Tried by the first Middlesex Jury before Mr. RECORDER.

Old Bailey Proceedings supplementary material. William Boston.
25th February 1789
Reference Numbero17890225-1

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William Boston , whose sentence was respited last sessions, being lame; received sentence to be imprisoned twelve months .

Old Bailey Proceedings punishment summary. William Boston.
25th February 1789
Reference Numbers17890225-1

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The Sessions being ended the Court proceeded to pass Sentence as follows:

Received sentence of death, 8.

John Hill, James Joiner , John Robley , George Porter , William Thorne , James Houghton, otherwise Jones, otherwise Deffney, Thomas Greene , William Butcher , otherwise Tull.

To be transported for seven years, 33.

Richard Prior, George Murphy , John Vandeast , Thomas Onslow , John Moore , Samuel Curzons , Thomas Homer , William Mince , James Blower , George Nash , Michael Lee , William Edwards , Mary Johnson , Michael O'Donald, John Williams , William Nicolls , Benjamin Barland , John Gates , John Wilkes , Mary Reed , William Jones , Laurence Winne, Peter M'Laughlin, William Cates , Thomas Huckles , John West , Francis Cock , Joseph Notting , Henry Hales , Aaron Wright, James King , Moses Coster, George Absolom .

To be imprisoned for two years, 1.

James Payne .

To be imprisoned for six months, 7.

Edward Doyle , Amelia Morley , otherwise Lovell, Margaret Gilford , Dennis Minor , Elizabeth Smith , George Shirley , Catherine Wood .

To be whipped, 8.

John Leekie , William Collins , Edward Doyle , Michael Jones , Charles Pinckstan , Dennis Minor , William Grant , George Shirley .

To be fined one shilling, 1.

Mary Thorpe .

Sentence respited on

Moses Holloway and John Yates , till next sessions.

Old Bailey Proceedings supplementary material. William Boston.
25th February 1789
Reference Numbers17890225-1

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William Boston , whose sentence was respited last sessions, being lame; received sentence to be imprisoned twelve months .

Old Bailey Proceedings advertisements.
25th February 1789
Reference Numbera17890225-1

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PERMANENT INK, For Writings that require BLACKNESS and DURABILITY; made and sold by J. WALMSLAY, No. 35, Chancery Lane.

Old Bailey Proceedings advertisements.
25th February 1789
Reference Numbera17890225-2

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PERMANENT INK, For Writings that require BLACKNESS and DURABILITY; made and sold by J. WALMSLAY; No. 35, Chancery Lane.

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25th February 1789
Reference Numbera17890225-3

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