The Proceedings of the Old Bailey

   

144.   ELIZABETH LANG ,   WILLIAM GRAVES ,   JAMES, otherwise THOMAS FIELD ,   MARY JOHNSON , and   ANN PARSONS , were indicted, the first three for breaking and entering the dwelling-house of  William Cooke , about the hour of three in the night of the 22d of January , with intent the goods therein to steal, and stealing nine dozen pair of silk stockings, value 60l. two dozen pair of stockings, with silk legs and cotton feet, value 8l. and three dozen pair of stockings, made of silk and cotton, value 9l. the property of the said William Cooke , and the other two for feloniously receiving, harbouring, and maintaining the said William Graves, and   James Field , knowing them to have committed the said burglary .(The case was opened by Mr. Knowlys.)

  WILLIAM COOKE sworn. - Examined by Mr. Knowlys. I am a hosier , No.  434, in the Strand, near Round-court ; my shop was broke open on Tuesday morning the 23d of January; I was alarmed between one and two o'clock in the morning, before day-break, it was very dark indeed, when I found my shop window was broke; I came down directly, I missed nine dozen of silk stockings, two dozen of cotton and silk, and three dozen of silk and cotton, to the value of between 70 and 80l. on examination I found, as I supposed, that, by a centre-bit, they had cut away the pannel of one of the shutters, which was lined with iron very strong; it appeared to me as if they had forced the iron in, indeed the place was so large, that if it had not been for the shew-board, a person might have walked into the shop almost.

Q. Was this hole large enough for a man to creep in by? - A. Yes; the lower part of the iron was forced in so, that it formed an elbow.

Court. Q. Were the things you missed lying in the window? - A. They were part of them in the bottom of the window, and the rest upon what we call the shew-gate, which is above the shew-board; I sent for a carpenter, and in consequence of what he said, I gave information at Bow-street, his name is Rose.

  ROBERT ROSE sworn. - Examined by Mr. Knowlys. I am a carpenter; I have known Graves some years, he lived with Mrs. Lang, No. 1, Newtoner's-court, Chandos-street, St. Martin's, about 100 yards from Mr. Cooke's.

Q. Do you know what part of the house it was that Graves lived in with Lang? - A. The ground-floor; I was sent for, on Tuesday, to mend Mr. Cooke's shutter, and I found it had been cut with a centre-bit; I communicated some suspicions that I had, and a search warrant was obtained, I repaired the sash, and then they fetched me from my own house; I went with Taylor, the officer of Bow-street, and Mr. Cooke, and the Beadle of the parish to Graves's lodgings; the street door was open, it was about half past seven on Tuesday morning; on going into the parlour, I believe the beadle of the parish was before me, Mr. Taylor followed me into the parlour, on the ground-floor, where Mrs. Lang and Graves had lived; the door was fast, and Mrs. Lang got out of bed, and let the officer in; the officer immediately proceeded to search the drawers, where Mr. Taylor found two chissels, and a centre-bit, and an iron brace, a tool that smiths generally make use of, they were found in a drawer, I believe it was open, I am not certain; after the officer had found these things, there was some doubt, whether there was not another centre-bit, which answered the description of the shutters, I immediately searched the drawers myself; after the officer had searched them, I took the drawers entirely out, and found another centre-bit, and I found upon the floor, under the bed, where Mrs. Lang lay, two pair of black silk stockings; I took that centre-bit to my own house, because I knew the other had not been made use of, I tried it with the shutter, I knew, when I found it, it was as near the size as could be, and, on sitting it together when I got home, the centre-bit had run against a nail in the stile of the shutter, and stopped its progress; I sitted the centre-bit to the shutter, and found it answered the size.

Q. Have you any doubt that that is the centrebit, which had been used upon the shutter? - A. I am clearly of opinion that it is.

Q. Is a centre-bit an instrument in common use amongst carpenters? - A.It is.

Q. Did you see Graves after he was in custody? - A. Yes.

Q. Did you hear him say any thing? - A. I did not chuse to have any conversation with him upon the subject.

Jury. Q. Did you find the stock that the centrebit is worked by? - A. The officer has got it.

Cross-examined by Mr. Knapp. Q. You have known the prisoner Graves for some years? - A. I have.

Q. You have known Lang for some time? - A. I have known her from seeing her in the neighbourhood, no otherwise.

Q. You know, that previous to that time, they cohabited together? - A. I have seen them frequently together at this house.

Q. They lived together as man and wife? - A. I should imagine so.

Cross-examined by Mr. Gurney. Q. Was this centre-bit of a very uncommon size and shape? - A. Not at all.

Q. Then any other centre-bit, having its edge turned, would have made the same impression upon that shutter? - A. Yes.

Q. There is nothing at all particular in the effect of that centre-bit upon the shutter, but that the edge is turned? - A. Yes; there is a nail that the edge is turned against.

Q. I take it for granted the centre-bit is not of all other tools the most free from accident? - A. Yes. we take great care of our centre-bits.

Q.Suppose it had dropped down, would not that turn the edge? - A. No, not of steel, as this is.

Q.Suppose, by any accident in turning, you meet with a nail, it would turn the edge? - A. Yes.

Q. Do you come here without any hope of interest? - A. I do.

Q. Did you never hear of such a thing as a reward in a burglary? - A. No; I did not apprehend them, I sent others to apprehend them.

Q. But you give evidence, you know, and assist in convicting; if they should be convicted should you not think it a very good thing to have a share of three forties? - A. I do not expect any such thing.

Court. Q.What is your reason for knowing where Graves lived? - A. I had seen him there, I knew him very well two years ago.

  JOSEPH TAYLOR sworn. - I am an officer of Bow-street; I went with the last witness to the house of Mrs. Lang, and the prisoner Graves; I found in the room, near the foot of the bed, upon the floor, these two pair of black silk stockings, they were not under the bed, but very near the bed's foot; in a drawer, in the same room, I found these tools. (Produces a centre-bit, a stock, two chissels, and a gimbles.)

Rose. This iron brace is what the smiths use, it is the same as a carpenter's stock, only theirs is made of wood, and this is made of iron, it is very different from what we use; there was a nail that I had at Bow-street, that was in the shutter that the bit had run against, but being over careful, I have lost it; the iron plate upon the shutters was put on with small tin tacks, very imprudently, and the centre-bit had forced the iron forwards, and turned it like a piece of brown paper.

Taylor. Cross-examined by Mr. Knapp. Q. Do you know this to be Graves's lodgings? - A. No.

Q. Do you know that Lang and he lived together? - A. No.

  ANN ALLEN sworn. - Examined by Mr. Knowlys. I am sister-in-law to Mr. Cooke, I always serve in the shop in the evening: Before the robbery, about six o'clock, when the lamps were lit, I observed the prisoner, Graves, at the shop-window, he went away on seeing me; I put the lamps into the window and went away; in a little while after, I saw him again at the same window, on the right hand side, on seeing me he cast his eyes down to the street, he turned his back towards me, and went out to the edge of the pavement; I went to the shop-door and saw him retire to the end of Round-court, we are two doors from Round-court, there were more people with him; a little while after he was at the same window again; on seeing so ill-looking a man so often at the window I removed the silk stockings that laid loose upon the show-board from the window; thinking he meant to cut the glass; he was backwards and forwards the whole evening, I dare say I saw him eighty times in the course of the night till we shut up shop, which is generally about nine o'clock; he once came to the shop-door, and looked all round the shop, I watched him all the evening; I saw Field once in the course of the evening, he went by, laughing very loud, which occasioned me to notice him; he did not stop, his head was tied up as it is now, he was not with Graves at that time; Graves always retired to the court whenever I missed him, I made it my business to look; I know no more, except that the property is Mr. Cooke's.

Q. Look at these two pair of stockings, and tell me if they are your brother's property or not? - A.They are entire silk; and this pair of stockings, with the white feet, has my own mark upon it; the other has not the ticket upon it, but it is a particular rib, and is the only pair we had of this pattern, they were folded up with the white feet hanging out underneath; it was folded up, by myself, in a bundle for show, and that pair was the top-most; they were all safe at twelve o'clock at night when I went to bed; I always go round the shop the last thing before I go to bed, to see that every thing is safe.

Mr. Cooke. These are my stockings, this pair with white feet; we had but two pair of that quality in the house, and the ribbed ones were with them; the ribbed pair are what we call a very blue white stocking, they being unfashionable I dyed them.

Mr. Gurney. Q. It is not an uncommon thing to dye stockings black? - A. Upon my oath I believe them to be mine, they are a very remarkable pair.

Court. (To Mrs. Allen.) Q. What kind of light was it when you first saw Graves? - A.It was quite dusk, we were putting in the lamps.

Q. How could you distinguish the countenance of a person at that time? - A. The lamps were just put, it is a large two light burner, and our windows are excessive large.

Q.And they throw sufficient light into the street to enable you to distinguish the features of a man? - A. Yes.

Q.And you had an opportunity of seeing him twenty times during the course of that evening? - A. I believe so.

Q. Field you saw but once that night? - A.Only once; he was passing laughing very loud, which occasioned me to see him.

Q. Can you undertake, from that transient circumstance, to swear that it was Field that you say you saw pass laughing? - A. Yes, I can; I am very positive of it, I saw his countenance and his features.

  JOHN SMITH sworn. - Examined by Mr. Knowlys. I am a Hackney-coachman: On Tuesday morning, the 23d of January, I was called by a person named   Mary Johnson , that is her, (pointing to the prisoner), about twenty minutes after eight in the morning; I was called from Charles-street, Covent-garden to Wild-street, the end of Stewart's-rents; the two men prisoners then came from a house in Stewart's-rents, and put a box into the coach, it was a black box; I drove them to the hither end of Old-street, next Aldersgate-street, they paid me my fare, and walked down Old-street; Graves put the box upon his shoulder.

Q. Are you sure these are the the two men? - A. Positively.

  JOHN MILLER sworn. - I am one of the officers of Bow-street: I apprehended Graves and Field at the White-swan, Little St. Andrew's-street, Seven-dials, between eleven and twelve in the morning, Tuesday the 23d of January last, the same morning that the robbery was discovered; on Graves I found a five pound note, and two one pound notes, two guineas, and a seven shilling piece; on Field, a silver watch, and two guineas; Graves got up behind the tap-room door in order to conceal himself, when I went into the tap-room, while we were looking about to see who was in the room; there were two guineas taken from Lang.

Cross-examined by Mr. Gurney. Q. You apprehended the two prisoners at the public-house? - A. Yes.

Q. Do you mean to say they were in company together? - A. Yes; they were drinking out of one pint of porter, one was standing by the fire-side, and the other just by.

Q. And there were several other people just by them? - A. Yes; there might be six or eight.

Prisoner Lang's defence. I am an innocent woman; I was out, and never saw this man, Graves, after four o'clock in the afternoon of the Monday.

Prisoner Graves's defence. I know nothing at all of the robbery, nor was I in that house were the property was found, from four o'clock in the afternoon to this time; I went into the public-house where I was apprehended, and this young man was sitting by the fire-side; I called for a pint of porter and began drinking of it, and the officer came in and tied us together; I never saw this man before.

Field's defence. I accidentally went into that public-house to get a pint of beer, and some bread and cheese, for my breakfast; I was sitting by the fireside, and this man was just by the door, he was never in my company at all, and before I had drank my beer they came in and took me as a prisoner.

  PHILIP GOODES sworn. - I am a taylor, in Chandos-street: I have known Graves fourteen years, he has bore a very good character till within these two years; but he has lost his mother, and since that he has got into loose company, which has brought him into this unhappy situation.

  SARAH WILLIAMS sworn. - Examined by Mr. Knapp. Q. Do you know the two prisoners, Lang and Graves? - A. Yes.

Q. Do you know of their living together as man and wife? - A.Apparently as such, always; they lived in Newtoner's-court, Vine-street.

The prisoner Lang called five other witnesses, who had known her from five to fifteen years, and gave her a good character.

Lang, NOT GUILTY .

Graves, GUILTY DEATH . (Aged 25.)

Field, NOT GUILTY .

Johnson, NOT GUILTY .

Parsons, NOT GUILTY .

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

 

145.   JOSEPH CARTER and   WILLIAM PEATTY were indicted for feloniously stealing, on the 26th of January , a gelding, value 10l. the property of   John Ayley .

  JOHN AYLEY sworn. - I am a landholder , I live in the parish of  Stonedon, just by Ongar, in Essex : I lost a gelding out of my stable, either on Thursday night the 25th, or Friday morning the 26th of January; a lad who is here was the last that saw the stable before the gelding was stolen; I never saw the prisoner before, I have seen the gelding two or three times since, under the care of Mr. Pope. who keeps a Livery-stable, I saw it in the horse-ride, there were thirty or forty more horses with it at the same time; he is as remarkable a horse as ever lived, he was lame of two feet, he had a star in his forehead, he was rising seven years old; Mr. Pope and my son were at the taking of him.

Cross-examined by Mr. Scott. Q. You don't know

of your own knowledge that the horse was locked up in the stable? - A. No.

Q. And you know nothing of the prisoners at the bar? - A. No; I never saw them till they were before the Lord-Mayor.

  CHARLES AYLEY sworn. - I am the son of the last witness: I received information that the gelding was taken away, on Thursday night, by the Ongar coachman, at the Three Nuns, in Whitechapel: On Friday noon, I went into Smithfield-market, I had not been there a quarter of an hour before I saw the prisoner, Carter, upon the horse; I looked about for an officer, I could not find one; I saw Mr. Pope, and asked him to lend me assistance; we went and cheapened the horse, and asked him, where he brought it from; he said, he brought it from Hampshire, he said, he had had it four months upon his hands, and two months he had sent it to the Straw-yard, at Kensington Gravel-pits; we then asked him the price; he said, 10l.; he said, he had been used for plough and cart; we pointed out the blemishes, and then left the man upon the horse; while we were cheapening the horse, the other prisoner came up, recommending the horse, as knowing the horse, and man likewise; we then got two officers, and sent them to the Crown public-house, in the Market; then Mr. Pope fetched the two men into the public-house, as if we had thought better of the horse, and intended to buy it; we then asked him about the consitution and ways of the horse; Carter gave the same account as before; Peatty gave no account, only that it was a good horse, and he knew the horse and the man; we asked Carter several questions, and found he prevaricated very much in his answers; I then charged him with taking it from my father's stable, and we found him change colour, and not say a word against it; I gave them in charge to the two officers, and they were taken to the Compter.

Q. Did all this pass in the hearing of the other man? - A. Yes; I sent the horse by another constable, to Mr. Pope's Livery-stables, in Little Moorfields.

Q. Can you describe the horse? - A. Yes; he was a gelding, lame of two feet, and the hoos broke away from the off fore foot; the horse was brought to market with a leather halter, the same as he used to wear in the stable; I had not seen the horse, I believe, for a month before; I cannot swear to the bridle, it has had the winkers cut off.

Cross-examined by Mr. Scott. Q. About what time was it that you met this man in Smithfield? - A.About three o'clock.

Q. You cannot swear to the halter? - A. No.

Q. You will not swear that that is a halter from which the winkers had been cut off? - A. No.

Q. You did not find Peatty at all in possession of the horse? - A. No.

  WILLIAM POPE sworn. - I am a stable-keeper: On Friday, the 26th of January, I went into the market, and saw the horse, with Carter on the back of it; I asked him the price of the horse; he told me, 10l.; he said, he would take eight guineas; I said, that was too much, it was a lame horse: I asked him, where he brought him from, and he altered very much; he said, he brought him out of Hampshire, he had had him four months, and two months at the Straw-yard; Peatty was with him, and he spoke in behalf of the horse; and he said, he had known Carter from a child, that he was his countryman; he heard what Carter had been saying;   Charles Ayley , after that, came to me and told me, he had every reason to believe it was his father's horse; I told him, the better way, then, would be to get two constables, and secure then; we got two constables, and secured them, at the Crown public-house; I sent the horse to my stables; Charles Ayley brought his father the next day, and he saw the horse, he claimed it, and instantly said, it was his horse; I have him now in my stables, he was lame of two feet; the bridle was on the horse when I took him, and has been in my possession ever since.

Q. Is it a common thing in the country to cut off the winkers? - A. No; I never knew them cut off before.

Cross-examined by Mr. Scott. Q. He asked you 10l. for it? - A. Yes.

Q. That is more than any man who had stolen it would have asked? - A. It was too much a great deal.

Q. You did not see Peatty in the possession of the horse at all? - A. Not at all that I recollect.

Q. He only recommended the man as having known him from his infancy? - A. Yes; and recommended the horse.

  WILLIAM LETCH sworn. - I am servant to Mr. Ayley: I missed the horse on Friday morning, I saw him in the stable on Thursday night, he was locked up; there is a chain put up, and that is padlocked; I carried the key in doors; I was not the first at the stable in the morning; there is a witness here who was there before me; the lock had been picked; it was a lame gelding, with a star upon his forehead.

Q.(To Pope). Is the boy's an accurate description of the horse? - A. It is.

Letch. Cross-examined by Mr. Scott. Q. You did not lock the stable door yourself? - A. Yes, I did.

Q. Are you quite sure of that? - A. Yes.

Q. You don't know how the horse got out of the stable? - A. No.

  SAMUEL CORNE sworn. - I am a labouring

man; I work for Mr. Ayley: I came into the yard, on Friday morning, about six o'clock, there was a horse out in the yard, not the horse that was stole, and I took him by the mane, and led him to the stable, the stable-door was a-jar; there is a chain goes across the door, with a padlock, but I did not look to see how it had been opened.

Cross-examined by Mr. Scott. Q. You know nothing of this padlock and chain? - A. No.

Q. You don't know whether it was broke, or picked, or any thing about it? - A. No.

Q. And you know nothing at all how this horse got out of the stable? - A. No, I do not.

Court. (To Letch.) Q. What time was it that you examined and found the lock was picked? - A. A little after six o'clock.

Mr. Scott. Q. Where did you see the padlocks? - A. Lying in the stable where the horses are.

  RICHARD TILCOCK sworn. - I am a constable; I took charge of the prisoners at the Crown, and took them to the Compter.

  THOMAS FAWCETT sworn. - I was with the last witness; Mr. Pope shewed me the horse, and I conveyed it to Mr. Pope's stables.(Mr. Scott took an objection that as the possession of the horse was not traced to Peatty, he ought not to be put upon his defence, which was over-ruled by the Court).

Carter's defence. I was in town the whole of Thursday night.

Peatty's defence. I was at home in my own house, from three o'clock till a quarter before eight in the morning.

For the prisoner Peatty.

  JOHN BATEMAN sworn. - Examined by Mr. Scott. I have lodged with Peatty upwards of five years, in Black-horse-yard, Rathbone-place: on Thursday the 25th of January, I went home about eight o'clock at night, and staid till eleven with Peatty in his apartment, and when I left him, he was preparing for bed, I left him with his wife going to bed in his room, and to the best of my belief, he slept at home that night.

Cross-examined by the Court. Q. What are you? - A. A chaff-cutter; I work at the George and Blue-boar in Holborn, I have worked there upwards of three years.

Q. What is Peatty? - A. A chaff-cutter.

Q. Has he kept the house all the time that you have lodged with him? - A. He has kept the house, I believe, near ten years.

Q. How many lodgers are there in the house? - A. Only myself and his son.

Q. How do you know it was the 26th of January, rather than the 26th of December? - A.Because he was taken up the day after.

Q. You did not see him from eleven o'clock till after he was taken up? - A. No.

  JOHN PEATTY sworn. - Examined by Mr. Scott. The prisoner is my father; last Thursday was three weeks, in the evening of the 25th of January, he was at home when I came home from work at ten o'clock, and I went to bed at eleven; I left him undressing himself to go to bed, I saw him getting out of bed the next morning, about half past seven o'clock, I slept in the room adjoining, he called me up, and I went to him.

  ELIZABETH BISHOP sworn. - Examined by Mr. Scott. I know Peatty, I keep the Black-horse-yard, Rathbone-place; Carter came down the yard about eight o'clock, and asked if Peatty was there; I told him he was removed from there to No. 10, Little Howland-street, he asked me leave to put a horse in the stable, I told him he might, he went in search of Peatty, and they came down the yard together; Peatty told me, he was going to Smithfield with the man to sell the horse, that was the day that they were taken up.

Q. What day was it? - A. Three weeks ago to-morrow, and the Sunday following, I heard that they were taken up; I have known Peatty 15 years, I never heard any thing against him in my life.

Court. How long had Peatty changed his lodging? - A. A short time before, it might be at Christmas, I cannot say, he rented a place in the yard of 10l. a year, he lived there ten or a dozen years.

  HANNAH HILL sworn. - Examined by Mr. Scott. I live in Gower-mews, Gower-street: On Friday the 26th of January, I was going to the butcher's, and met Carter with a horse, it was a bay-horse, he asked me, if I knew Peatty, I said, yes; he asked me, if I could tell where to find him, he understood he had charge of the yard; I told him, no, he was not in the yard.

Q. He was not in what yard? - A. Gowermews, that was about eleven o'clock in the day; I have known Peatty several years, I always understood him to be an honest upright man, he has worked for us, my husband keeps Hackney-coaches; Peatty used to live in the Black-horse-yard, Rathbone-place, but he has lately moved to No. 10, Little Howland-street, I did not then know that he was moved.

Mrs. Bishap called up again. - Mr. Scott. Q. Was any offer made to you of this horse? - A. Yes, it was a bay horse; I asked him the price, and he said 10l. the horse was very lame, he is a dealer in old cast off horses.

The prisoner Peatty also called Mr.   Abraham O'Connor , a surgeon, who had known him between seven and eight years, and four otheres who had known him from ten to fifteen years, who also gave him a good character.

  CHARLES AYLEY called again - Q.How far is your father's house from town? - A. About 21 miles.

For Carter.

  JAMES RYCROFT sworn. - Examined by Mr. Scott. I live at Mr. Shirley's, No. 20, Knights-bridge; I lodged in the same house with him six months, I slept in the same room with him the night before he was taken up; I came in about eleven o'clock, and asked him if he had seen Mrs. Shirley, he said, he had not; I told him she wanted to speak to him; I went to sleep after that, and saw no more of him-that was this day three weeks; the next morning Mrs. Shirley asked me, if I had seen him, and I told her he went out as soon as it was light, I did not see him go.

  ROBERT GREEN sworn. - Examined by Mr. Scott. I am a bricklayer, I live at No. 20, Knightsbridge; I lodge in the same room with the prisoner, I saw him about seven o'clock on the Friday morning, when I got up and went out; I have known him about six months.

Court. Q. What business is he? - A. I do not know.

Court. (To   Ryecroft . What business is Carter? - A. He deals in horses .

  WILLIAM PEPEAU sworn. - Examined by Mr. Scott. I am a butcher, I live at No. 2 Knights-bridge, but I lodge at Mrs. Shirley's, in the same room; I went out at seven o'clock on the Friday morning the 26th of January, and left him dressing himself.

Court. Q. How do you know it was the 26th of January? - A. I left the lodgings that day.

Both NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

 

146.   EDMOND LOVELL was indicted for feloniously forging and counterfeiting, on the 20th of January , a certain Bank-note, the tenor of which is as follows, that is to say, No. C. 1024. No. C.1024, 1797, Bank, the 21st of November, 1797. I promise to pay to Mr. Ab. Newland, or bearer, on demand, the sum of Two Pounds. London, the 21 of Nov. 1797. For the Governor and Company of the Bank of England, J.Field, 2l. Entered,   T. Middleton , with intention to defraud the Governor and Company of the Bank of England .

Second Count. For feloniously disposing of, and putting off the said forged Bank-note, knowing the same to have been forged with the like intention.

Third Count. For feloniously forging a like promissory note, with intention to defraud the Governor and Company of the Bank of England.

Fourth Count. For uttering, as true, a like forged promissory note, with the like intention.

Fifth Count. For altering a Bank-note for the payment of one pound, by removing and taking out the word One before the word Pound, and falsely substituting and inserting the word Two instead of the end word One before the word Pound, with intention to defraud the said Governor and Company of the Bank of England.

Sixth Count. For feloniously disposing of, and putting away, the said altered Bank-note, knowing it to be altered.

And six other Counts, the same as the first six, only laying the intention to be to defraud   Mary Lynden .(The indictment was opened by Mr. Giles, and the case by Mr. Fielding.

  JAMES LYNDEN sworn. - Examined by Mr. Knowlys. I live at No.  295, Oxford-street , I am sixteen years of age, my mother keeps a haberdasher's shop there: On Saturday the 20th of January, the prisoner came into our shop, about dusk, and asked for patent worsted stockings; I told him we had ribbed stockings if they would suit him; he asked to see them; I shewed them to him; he picked out four pair, I folded them up for him; then he asked for a pocket handkerchief, he chose two, and offered me a two pound note.

Q. What was the whole amount of the things he had looked out? - A.Thirteen shillings; I told him we had not cash in the house, I would go out and get him change; I went to the next door neighbour's, and asked him if he could change it; he said, if I would give him two shillings he would give me two guineas; I gave him two shillings, and he was going to indorse it with my mother's name; he said, if it was a bad one he should look to us for the money, I told him to look sharp after it; the maid was coming up with a candle, he held it to the light, and said it was cemented, he would not change it; I took the note and went over to the watch-house.

Q. Look at that note? - A. This is it; I put my name at full length upon it at the watch-house.

Q. Did you take any constable with you from the watch-house? - A. I took Henry Bates to my mother's; the prisoner was standing at the door when I went past to go to the watch-house; I might have been absent ten minutes, I cannot positively say, Bates, and another man, ran over to my mother's before me, the prisoner was then in the shop mixed with other people, I did not see him at first, and I said, the man is gone; he said, no, here I am, where is the change; I then went behind the counter, and said, your note is a bad one, Sir; Bates, and the other man, said he must go with them, and they took him over to the watch-house, and searched him, I was there, but I did not see the whole of the search; I saw him take out a paper, I don't know what it was.

Q. Are you sure that is the same note you received from the prisoner? - A. Yes.

Cross-examined by Mr. Knapp. Q. Is that note in the same state in which you received it from him? - A. The man began endorsing my mother's name upon it and then scratched it out.

Q. You were gone ten minutes? - A. I cannot say to a minute.

Q. Are you sure it was your next neighbour's that you went to? - A. Yes.

Q. Did you go no where else? - A. Yes; to the shoemaker's.

Q. Did you go there first? - A. No; afterwards.

Q. It might be quarter of an hour for what you know that you were absent? - A. It might.

Q. If you had had change yourself you would have given it him? - A. Yes.

Q. Had you occasion, in your way to the watch-house, to pass by your own house again? - A. Yes.

Q. The prisoner at the bar was standing at the door then? - A. Yes.

Q. How long a time might elapse, from the time you saw him at the door, till you returned from the watch-house? - A.It might be about five minutes.

Q. Do you mean that five minutes to compose a part of the ten minutes, or a quarter of an hour? - A. Yes.

Q. There were several other persons in the shop when you returned? - A. Yes.

Q. I hardly need ask you if he had been so disposed, in the course of that quarter of an hour, he might have gone away? - A. He might so.

Q.Though you suspected he was gone away, he was the person that gave you the information that he was not gone away? - A. Yes.

Q. How came you to go to the shoemaker's after? - A. Because the hatter told me to go there.

Court. Q. Did he say for what purpose you were to go to the shoemaker's? - A. He said, to shew it him, and hear what he said about it.

Q. Not to try to get change for it? - A. No.

Mr. Knapp. Q. You had made no mark upon the note before you got to the watch-house? - A. No.

Q. You don't, now, know the number of the note? - A. No.

Mr. Knowlys. Q. Did you ever lose sight of the note before you took it to the watch-house? - A. No, I did not; Bates took it from me at the watch-house.

Court. Q. Did he take it out of your sight before you wrote your name upon it? - A. Yes.

Q. How long was it out of your sight? - A.While Bates went over with it to my mother's.

  HENRY BATES sworn. - Examined by Mr. Giles. I belong to the Mary-le-bonne watch-house: The last witness came to me on the 20th of January last, with a Bank-note, which I kept in my right-hand till I went to his mother's house, and saw the prisoner.

Q. Did you give the same note to James Lynden that you received from him? - A. Yes; I delivered it back to him in the watch-house, I saw him put his name upon it; when I went over I saw the prisoner standing at the shop-door; young Mr. Lynden went behind the counter, I took the prisoner to the watch-house and searched him, I found upon him another note for ten pounds, I marked it.

Q. Look at that note? - A. This is the same, I found it in his left-hand breeches-pocket; I found also half-a guinea in gold, and two shillings and sixpence in silver; I then took him to the Justice's.

Cross-examined by Mr. Barrow. Q. Are you sure, that when you returned, you found him at the shop-door? - A. Yes.

Q. When you went to search him, did he make any resistance to the searching him? - A. No, he did not open his lips; I do not think he said a word.

  ISAAC FIELD sworn. - Mr. Knapp. Q. Are you a proprietor of Bank-stock? - A. I am not; I am a clerk in the Bank, my business is to sign Banknotes under five pounds.

Examined by Mr. Fielding. Q. Upon the inspection of this note, are you able say what it originally was? - A. It was a one pound note when I signed it; the One appears now to have been taken out, and a fresh piece of paper inserted with the word Two upon it, in both parts of the note, both the bottom and the centre.

Cross examined by Mr. Praed. Q. From whence do you derive your knowledge of having signed this note? - A.(Refers to a book). I signed four hundred ones on that day, they were from 80l to 1200. (The note read).

  GARNETT TERRY sworn. - Examined by Mr. Knowlys. I am an engraver employed by the Bank of England.

Q. Look at that note, (showing him the ten pound note); is that a genuine Bank-note? - A. It was a genuine Bank-note before the alteration.

Q. Where does there appear any alteration to have taken place in it? - A. Where the sum was, it now appears to be a ten.

Q. Are you able to say, that that part which denotes the sum ten, is forged? - A.It is.

Court. Q.Can you say what that note was before it was made a ten? - A.Either a one pound or a two pound note; I have not looked at it very particularly, (looks at it again); I rather think it was a two.

Cross-examined by Mr. Knapp. Q. I believe there is the letter T remaining in the body of the note? - A. Yes, there is; the E and the N are put in.

  SAMUEL TOLFREY , Esq. sworn. - Examined by

Mr. Fielding. Q.Is that the examination of the prisoner taken before you? - A. It is the same.

Q. Was he asked by you how he came by these notes? -

Mr. Knapp. I must beg first to ask a question or two, before Mr. Tolfrey answers my learned Friend's question. - Q.At what time was that examination taken? - A. On his first being apprehended, a very short examination was taken, and he was committed for further examination; the examination that is now produced, was taken the second time that he came up.

Q.Recollect, as well as you can, the day of the month when this examination was taken, or the day of the week? - A. He was apprehended on the Saturday evening.

Q. At the first examination, I believe he had his friends attending him, his Counsel and Solicitor? - A. No, he had not.

Q. Do you recollect any Solicitor and Counsel attending him? - A. I believe there were three examinations, and I think it was the third time, that this examination was taken, and then there was a Solicitor and Counsel.

Q. At the former examination, he had not any friends on his part, to give him any advice at all? - A. No.

Q. Do you know if his friends and Counsel had been there that day, and gone away, supposing that no examination would have taken place? - A. His attorney had been there that morning, but I do not know upon what account he went away.

Q. That examination, I believe, took place in a private room? - A. Yes; it was desired by the Solicitor for the Bank that it might be kept private.

Q. At either of these examinations, were you induced at all to hold out any favour to the prisoner at the bar? - A. No; not at all.

Q. Was there any thing held out to him to induce him to tell the story that he afterwards told in the examination, or which could lead him to do so? - A. No.

Q.Not previous to that time, nor at that time? - A.Neither.

Q. Was not the conduct of the prosecutor, which very often happens in circumstances in which the Bank are concerned, favourable to him upon either of those examinations? - A. I really do not understand you.

Q. Was there, from the conduct of the prosecutor and yourself, humanely considering the case, any thing that could lead the prisoner to suppose that favour would be extended to him? - A. I certainly did hope, at first, that it would have been such, as would not have led to his commitment; that was the impression upon the mind of the Solicitor for the Bank.

Q. Do you not think, that from the liberality and humanity of the prosecutor and yourself, he might have collected that? - A. He might at the second examination.

Q. And that in the presence of his Counsel and Attorney? - A. Yes.

Q. And notwithstanding that, there was another examination in private, at which, neither his Counsel nor Solicitor were present? - A. That was in consequence of a search.

Q. In point of fact, the third examination did take place in the absence of those who had before attended to give him advice? - A. Yes.

Q. At which of the examinations was it that you advised the prisoner at the bar to speak the truth? - A. At both the examinations.

Q. Was that conveyed to him in such sort of humane and friendly language as to induce him to speak the truth, if he was so inclined? - A. Yes.

Q. It was with an evident tendency to make him speak the truth? - A.Certainly; he was advised also by his own Counsel, in my presence, to speak the whole truth.

Q. Do you recollect any conversation that fell from Mr. Winter, Solicitor for the Bank, to induce him to give the account that he did give, in reference to the detection of other forgeries? - A. I do not recollect it.

Q. Were other forgeries talked about? - A. No; I recollect, upon the second examination, Mr. Winter desired his Attorney and Counsel to go out and speak to him, and that if any other persons were concerned with him, they would mention it; they retired with him into another room; when they came back, they said, they had advised him to tell the whole truth, but that he had still told the very same story that he told when he was first apprehended.

Mr. Knapp took an objection that the examination was inadmissable, in as much as the account given by him was induced by a hope of mercy held out on the part of the prosecution.

The objection was over ruled by the Court.

Court. Q. By the term humanity, do you mean mercy and forgiveness? - A.Certainly not.

Mr. Justice Rooke. You see he does not desire him to confess, but to tell the truth, which is a very different thing from telling a man it will be better for him to confess.

Mr. Baron Thompson. The Magistrate cannot extort a confession from a prisoner.

The Counsel for the prosecution declined offering the examination in evidence.

- WINTER sworn. - Examined by Mr. Fielding. Q.You, I believe, went to the house where the young man lived? - A. Yes; in Grosvenor-street, Miss Davey's, I there found, in a drawer used by the prisoner, in a place called the

butler's pantry, a book, entitled, the Artists' Assistant in drawing Perspective, Etching, Engraving,&c.; another book, containing a set of German Text Copies upon copper plate, a tea-cup, containing a composition, the ingredients of which I do not know; a bottle that appears to have contained gum-water; in a tea-cup, a small hair brush, and in a case, several other hair brushes, an instrument which appears to have been used for erasing; and after the examination at Marlborough-street office, I found some small bits of paper, upon which I make no comment. (Produces them).

Cross-examined by Mr. Knapp. Q. You found these things in the butler's pantry? - A. Yes.

Q. The prisoner at the bar was not there at the time? - A. No.

Q. You do not know, of your own knowledge, that that was the prisoner's drawer? - A.Certainly not; it was so pointed out to me.

Q. When was the particular time you found this? - A. I rather think the day of the last examination, the Wednesday.

Q. When was the prisoner apprehended? - A. The preceding Saturday.

Q. So that from the Saturday to the Wednesday, any body so disposed, might have put these things into that drawer, or taken them away? - A. Yes.

Q. Do not you know, unfortunately at this time, it has more than once happened that Bank-notes have been picked up in the street, that have afterwards turned out to be forged? - A. There is a man now in custody, whose defence is of that sort.

Q. Do not you know, without adverting to any person in custody, that Bank-notes have been picked up in the street, which have turned out to be forged.

Court. Q. What is that to us, it is only Mr. Winter's opinion at any rate.

Mr. TERRY called again. - Examined by Mr. Knowlys. Q. You have seen this note, look at it again, (the two pound-note), how does that appear to you to have been effected? - A. With ink prepared with water and gum.

Q. Has it been stamped or engraved? - A. No; it has been done either with a pen or a brush, or both.

Q. Have you had an opportunity of trying that composition that was found in this cup? - A. Yes.

Q. Is it in your judgment done by that kind of composition? - A. I have endeavoured to analyse the contents of the cup, it is composed of several things; the imitation on the Bank-note consists of blue, which has been laid on first, and then Indian ink and common writing ink; the contents of the cup are blue Indian ink and writing ink.

Q. In your judgment, upon your oath, has that alteration in the note been effected by the same materials as you found in that cup? - A. By the same kind of materials.

Corss-examined by Mr. Barrow. What are you? - A. An engraver and printer to the Bank.

Q. Has it ever been any part of your duty to study chemistry? - A. It has not been my duty, I have studied it a little.

Q. What sort of blue is this you have been speaking of? - A. There is a cake of Scott's blue.

Mr. Winter. That is a cake of blue that I found in the same place, at the same time.

Q.(To Mr. Terry.) You have already sworn, that this imitation has been effected, first, by laying on a coat of blue, then the Indian-ink, and then the common ink? - A. I cannot say whether the Indian-ink, or the common ink is put on first.

Q. At any rate, you think there must have been a foundation of blue? - A. Yes.

Q. How then came you to say, that the materials, by which this was effected, must have been of the same sort as this which now appears before the Court? - A. I did not say so; when I said the contents of the cup, I spoke of the blue which then laid in the cup, the mixture is only of India-ink, and common ink, the blue is in the cake, there may be a small quantity of blue, I cannot say, I am rather doubtful, whether there is any blue in it or not.

Q. And yet you have analysed it? - A. Yes; you may separate them now with a brush.

Q. Tell us, in general terms, what you mean by analyze? - A. I took a very fine clean hair pencil, upon very white smooth paper, and being able to distinguish the two articles, the writing and the India ink, and having got them separate, I took a little of each on the point of a brush, and made a wash, in that which I supposed was the Indian ink; I found a body, an opaque body, for Indian ink is made principally of a kind of soot, the common ink I found transparent of a light nature, capable of staining which India ink does not do, besides which, I perceived, belonging to each, the common ink has always a blue cast, on account of the logwood with which it is made; the India-ink has a body, being made of lamb-black, and oil of vitriol.

Mr. Barrow. Q. I thought you said it was made of soot? - A. Is not lamb-black soot.

Mr. Barrow. Q. I do not know? - A. I know it is, and nothing else; therefore I concluded the contents of the cup were common writing-ink, and Indian-ink united with a very strong gum.

Q. Among chymists, the usual course is to separate the articles? - A. Yes; if you can separate them.

Q. Indian-ink is a compound of itself? - A. It is a compound of soot, oil of vitriol and strong gum together, with water, common writing-ink is compounded of gall, logwood, and either vitrified cockle, or vitrified oil.

Q. And I believe gum? - A. Yes.

Q. Is there any known process in chymistry, by which you can divide these compounds? - A. I do not understand you; I found them at the side of the cup ready separated, and at the bottom they were blended.

Q. Such was the process you made, that you can say upon your oath, you separated each of them? - A.When Mr. Winter gave me the cup, there was at the bottom, a cake of blue water colour on the sides of the cup; I found what I still believe to be, in streaks, and separate from each other, two articles, the one writing-ink, and Indian-ink, but at the bottom these two articles were blended together.

Mr. Fielding. Q. Have you made any experiment upon any piece of paper? - A. Yes, (produces two papers;) this is the bottom of the cup mixed with common writing-ink, to see whether the colour agrees with what I apprehend it to be.

Q. Do you ever amuse yourself in drawing or painting in water-colours? - A. Yes, sometimes.

Q. Is it any thing extraordinary, that those persons who do employ themselves in drawing, should have camel hair pencils, and compositions of this sort? - A. Yes; when people draw and paint much, they have those sort of things.

Q. Is it not essentially necessary? - A. Yes.

  ELIZABETH HOWARD sworn. - Examined by Mr. Giles. I live servant with Miss Davey.

Q. Do you remember any gentleman coming to your house to search for any thing belonging to the prisoner at the bar? - A. Yes, Mr. Winter; he saw all his boxes.

Q. Did those boxes, in fact, belong to the prisoner? - A. Yes; he kept his clothes in them.

Q. Do you remember Mr. Winter finding any thing in a drawer in the butler's pantry? - A. I do not know what he found.

Q. In the drawer that you pointed out to Mr. Winter, in the butler's pantry, did the prisoner keep any of his things? - A. Yes, he did.

Q. Do you recollect, at any time, seeing any Bank-notes in custody of the prisoner? - A.About a month, or six weeks before he was taken up, I saw one Bank-note in the window, and tradesmen's bill with it.

Q. Do you know the amount of that note? - A. No; I did not take any notice.

Q. Did you see but one? - A. I thought there were more, but I took no notice; I told him he let his money lie about.

Cross-examined by Mr. Praed. Q. You have lived in this family a long while, I believe? - A. Five years.

Q. Had the prisoner lived there during all that time? - A. Yes.

Q. What has been his general behaviour and demeanour during that time? - A. He behaved extremely well.

Q. What is his character as to honesty in particular? - A. I always thought him very honest.

Q. He lived in the family before you came into it? - A. Yes, he did; many years.

Q. Was he an idle and dissipated young man, or a sober and careful man? - A. Very sober, and very careful.

Q. Had he many visitors come after him, or had he few or none? - A. He had no visitors.

Q. Was he regular in his hours? - A. Very regular.

Q. I believe, unfortunately for the use that is now made of it, he was a very ingenious man? - A. He was.

Q. He had a talent for drawing? - A. He had.

Q. Have you often seen him drawing? - A. Yes.

Q. When he was so employed was it in the presence of the other servants, or was it in private? - A. In the presence of the other servants.

Q. Had it been his course of employment for a length of time past? - A. It had.

Q. Did you ever know him withdraw himself for the purpose of drawing in private? - A. Never.

Q. Do you know by what means he got the colours, and camel hair pencils, that we have been speaking of? - A. They were some of Miss Davey's.

Q. I believe your mistress sometimes amused herself with drawing? - A. Yes; Miss   Fanny Davey .

Q. Did you ever receive from her any of the colours she makes use of in drawing? - A. Yes; Miss Fanny Davey's maid has given me many colours.

Q. Upon what day was it Mr. Winter came to the house to take away these things that were found in the boxes? - A. I think it was either Tuesday or Wednesday.

Q. What day was he apprehended? - A. On the Saturday.

Q.Between the Saturday and the Wednesday, had you seen the prisoner? - A. Yes; I saw him when he was at Marlborough-street.

Q. Was that before Mr. Winter came to take away the things? - A. I believe it was.

Q. He was very much trusted in the family? - A. Yes.

Q. Do you happen to know whether the prisoner, at this time, had, in his possession, a draft for money? - A. Yes, he had, to the amount of ten pounds.

Q. When was that? - A. The day he was taken up.

Q.Whose draft was it? - A.The draft of a Mr. Hunt brother-in-law to Miss Davey.

Q. Do you know the purpose for which he had it? - A. To pay some bills.

Miss   FRANCES DAVEY sworn. - Examined by Mr. Fielding. Q. The prisoner, I understand, was a servant of your's? - A. Yes, he has lived in our family from a child; we always found him perfectly honest, he had money of our's to pay bills with.

Q. A short time before the 20th of January, had you given him any Bank-note? - A. I gave him a five pound note the first week in January, to pay a bill of 4l. 14s. he brought me the change on the 10th of January; he brought me, the same day, change for a ten pound note, having paid two bills amounting to 3l. 4s. 3d. the change altogether, cut of both notes, amounted to 7l. 1s. 9d. he brought them to me in small Bank-notes.

Cross-examined by Mr. Knapp. Q. This boy has been in your family from his infancy? - A. Yes.

Q. I believe he lived in Devonshire with your family? - A. Yes, he did.

Q.Sometime since that, you and your sister discontinued to make a part of your brother's family upon his marriage, and came to London? - A. Yes.

Q.Then this lad came to live with you? - A. Yes; I have known him from seven years old.

Q.What age is he now? - A. About twenty-two.

Q. Did you ever happen to possess a servant of whose character you had a higher opinion? - A. Never.

Q. We have heard from your servant,   Elizabeth Howard , that you amuse yourself in colouring and drawing? - A. Yes.

Q. Of course, in that amusement, you have had camel's-hair pencils, and colours? - A. Yes.

Q. Have you ever been in the habit of giving those kind of things to your maid? - A. Once I sent some to him by my maid, but I do not recollect that I did more than once.

Q. Did you know that he was amusing himself a little with drawing himself? - A. I was told that he did.

Q. You had given them to your maid? - A.Old things that I have thrown away.

Q. Do you know any thing of a gum-bottle that has been produced to-day? - A. Yes, it was mine.

Q. Has he entitled himself to so much confidence with you that you have entrusted him with money at various times? - A. Yes.

Q. Do you know any thing of his having a draft of Mr. Hunt's, in his possession, shortly before he was taken up? - A. Yes, on the Saturday that he was taken up; it was a draft for ten pounds.

  MARY LYNDEN sworn. - Examined by Mr. Knowlys. Q. Do you keep a haberdasher's shop, No. 295, Oxford-street? - A. Yes.

Q. Your son attended that shop? - A. Yes.

Prisoner's defence. My Lord, and Gentlemen of the Jury: On the 17th or 18th of January, in going from Lower Grosvenor-street, my mistress's house, I went through Roxburgh-place, to a shoemake'rs, in Castle-street, Oxford-street, whose name is Perringcamp, I found, apparently to me, upon the ground, a letter, of which I did not know the contents, but I examined it, and found it to be some notes, but did not know what, I went to the place where I was going, then I returned to my own home; in a short time, I examined them and found them to be two Bank-notes, consisting of a ten-pound and a two-pound; from that time, I went to the public-house to see the paper, to see it such notes were advertised; the last time I went into the public-house, was the Saturday morning, the day that I was taken; and what I have said, is a real fact.

For the Prisoner.

Mr. Knapp. I will thank you, Mr. Winter, to produce according to notice, a cover of a letter.(Produces it very dirty), addressed Monsieur De Culler.

  JAMES KENNEDY sworn. - Examined by Mr. Knapp. I am an officer of Marlborough-street: I went down, in consequence of directions that I received, to the prisoner, after he was committed to the lock-up place, in Marlborough-street office; he told me, he would be very much obliged to me to go to his mistress's for his great coat, and for a cover that the two Bank-notes were in.

Q. Did he tell you at the time, whether that cover was directed or not? - A. Yes, he did.

Q.Recollect, as well as you can, what was the direction that he told you? - A. It was Dumorier, or some such name, it was a French name, I don't understand French; he told me, it was in a drawer in the closet, in the little back parlour; I went there, and asked the maid for it; I directed her where to find it, she went, and brought it to me.

Q. Look at that cover, and tell me if that was the cover that she brought to you? - A. Yes; there is my mark upon it.

Q. Had it the appearance of dirt upon it that it has now? - A. The same that it has now.

Q. When you had found this agreeable to the prisoner's direction, what did you do with it? - A. I brought it then to the office, and it was delivered to Mr. Winter.

Q. When he told you this at Marlborough-street, was it before he was locked up? - A.Just when he was locked up.

Q. Were you present when any declarations were made by him that you would find this where you did find it? - A. Yes.

  CATHERINE HOWARD sworn. - Examined by

Mr. Knapp. Q.Are you servant to Miss Davey? - A. Yes.

Q. Can you tell us whether Miss   Fanny Davey was in the habit of giving you camel-hair pencils and brushes? - A.She gave me some to give to Lovell.

Q. Do you remember Kennedy, the officer, coming to your house after the prisoner's apprehension? - A. Yes; I asked him, what he wanted, and I understood by his direction, that it was a leather case; I came back to him again, and he told me, it was a letter case, meaning the cover of a letter.

Q. Did he tell you where to find it? - A. I and my fellow servant went to the prisoner, at Marlborough-street, the night that he was taken up; he asked me, if I had not found the cover of the letter; I told him, no; and he told me to search in the drawer in the parlour, where he slept, and there he believed I should find it; and we returned again with Kennedy, and in the drawer, in the parlour, I found the cover of the letter.

Q. Is that the cover of the letter? - A.It was very much like this.

Q. The same that you found you gave to Kennedy? - A. Yes.

Cross-examined by Mr. Fielding. Q.Look at that cover again, do you think you know any thing of that hand writing? - A. No.

Q. I take it for granted, you have lived upon a very good sooting in the family? - A. Yes.

Q. Did he ever tell you of having found any Bank-notes? - A. No.

Q. Is he acquainted with any of the domestics in Serjeant Davey's family? - A. Yes.

Q. Serjeant Davey has a French cook, I believe? - A. Yes; his name is Rafrow.

Q. He is an acquaintance of his? - A. Yes, of all the servants.

Q. Was Serjeant Davey in town in January last? - A. He was in town last winter, he was not in town in January.

Q. When was the last time you saw Rafrow? - A. I have seen him once since Lovell has been taken up.

Q. Do you remember seeing him at all at your mistress's house, before Lovell was taken up? - A. Yes.

Q.Who did he come to see particularly among the servants? - A. He came to see us all.

Mr. Knapp. Q. This French cook's name is Rafrow, not De Culler, or any such name? - A. No.

Q. He is servant to Serjeant Davey? - A. Yes.

Q. And still living with Serjeant Davey? - A. Yes, down in Devonshire.

  ELEANOR CASTLE sworn. - Examined by Mr. Barrow. I keep the Hertford-arms.

Q. How far from Miss Davey's? - A.Right facing the end of Lower Grosvenor-street, where the Miss Daveys live.

Q. Do you remember Lovell coming to your house in the month of January, lately before the 20th? - A. Yes.

Q. Did he use to frequent the house? - A. Nothing further than to order porter.

Q. Did you take in any newspaper at your house? - A. Yes, every other day.

Q. Did he ever enquire for any newspaper to look at it? - A. He never did, only one week.

Q. How long was that before the 20th of January last? - A. I cannot say.

Q. Was it a week before he was taken up? - A. The very day he was taken up, he read the paper at our house.

Q. What part of that day was it? - A.Near two o'clock, in the middle of the day.

Q. Did he ask to take it away with him? - A. Yes, but it was that day's paper, and we never let it out; he sat down and read it.

Q. Did he ever apply to you before that to read the paper? - A. Yes, on Thursday, two days before that, and I had not got it at home.

Q. Before this Thursday, do you ever remember, in your life, his coming to your house to look at the paper? - A.Never.

Q. How long have you known the prisoner? - A. Only since the Miss Daveys came to town, just before Christmas.

Cross-examined by Mr. Fielding. Q.How many of the servants of Miss Davey are you acquainted with? - A. None of them particularly.

Q. Are you acquainted with any of the servants of Serjeant Davey's family? - A. No.

Q. How long had he looked at the paper before he asked to take it home? - A. I told him, we never let out the day's paper, and he sat down half an hour, and read it.

Q. He did not give you any reason why he wanted to read the paper? - A. He never gave me any reason at all.

  ELIZABETH INGRAM sworn. - Examined by Mr. Praed. I live in the service of Miss Davey; I saw the prisoner the evening after he was apprehended; Catherine Howard went with me to Marlborough-street, to ask where the cover of the letter was, because we could not find it; he told us, it was in the table-drawer, in the back parlour, where he slept; we looked for it, and found it.

Q. Is this the same? - A. Yes, it is the same.

Q. Do you remember at any time, previous to his being apprehended, an accident with an ink-bottle? - A. Yes, the day the ladies came to town; I bought a bottle of ink, it stood in the window in the kitchen; I got up to shut the window, in the

evening, and threw the bottle down, I took a tea-cup to catch what I could, I caught a tea-cup full of it.

Q. Should you know the cup again? - A. Yes.

Q. Do you think this is the tea-cup? - A. It was just such a cup as that.

Q. On the Saturday that he was apprehended, both you and   Catherine Howard saw him? - A. Yes.

Q. How long is it since that accident happened? A.About three months.

Cross-examined by Mr. Fielding. Q. Do you think that is the ink that was caught from that bottle? - A. It was very thick ink, and I very often put a drop of tea or vinegar to it.

Q. Did this young man tell you he had found any Bank-notes? - A. No.

  ELIZABETH MINCHIN sworn. - Examined by Mr. Knapp. I am house-maid to Miss Davey: On the Tuesday morning before the prisoner was taken up, he went out between seven and eight o'clock, he came back again before breakfast.

Q. Do you remember his having a letter to put in the post that morning? - A. He told me of it over night; I directed him to the penny-post in Davies-street.

Q. Did it turn out that your direction was right? - A. No; a day or two after, we were talking in the kitchen, and I asked him, if I was right, and he said, no, it was in Brook-street.

Q. How long have you lived in Miss Davey's service? - A.Almost three years.

Cross-examined by Mr. Fielding. Q. Did he tell you when he went out, where he was going to? - A. No.

Q. Did he tell you when he came back, where he had been? - A. No.

Q. Did he ever tell you he had found any Banknotes? - A. No.

Mr. Knapp. Q. Was it usual with him to tell the servants, when he was going out, where he was going to? - A. No.

JOHN PERRINGCAMP sworn. - Examined by Mr. Praed. I am a shoe-maker, No. 44, Castle-street, Oxford-market; I made shoes for the Miss Daveys.

Q. Do you know their servant , Lovell, the prisoner? - A. Yes; I have seen him very often at our house, with orders from his mistress, to fetch work away.

Q. Do you remember his coming to you in January last? - A. Yes, it was past the middle of January, it was in the beginning of that very week that I was called for to marlborough-street.

Q. I believe you were in an ill state of health? - A. Yes; I am still.

Q. You did not rise early? - A. I did not, that morning; there was a knock at the door, he came for some shoes, I think it was about nine o'clock, or a little after.

  JOSEPH KENN sworn. - I am gardener to Mr. Hunt, upon Blackheath.

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

Q. Do you know of any cochineal of the prisoner's buying? - A. Yes; he bought it in Greenwich, he used it for colouring peppermint-drops, I have seen him use it.

Q. Do you know any thing of any iron tool that he had? - A. Yes.

Q. Look at that? - A. I have seen him use it.

Q. Does it appear very sharp? - A. No.

Q. Is it as sharp as a pen-knife? - A. No.

Q.What use did he make of that? - A.In making a tea-chest, for cutting the corners.

  JAMES BRADFORD sworn. - Examined by Mr. Barrow. I am coachman to Mr. Hunt, I know the prisoner perfectly well.

Q. Have you ever seen this tool before? - A. Yes, in the possession of the prisoner.

Q. Mr. Hunt lives at Black-heath? - A. Yes.

Q. Have you seen it in the prisoner's possession there? - A. Yes.

Q. When was it? - A. Somewhere about the beginning of January.

Q. Do you know what use he made of it? - A. To imitate a tea-chest out of a thick piece of deal.

  JOSEPH HUNT , ESQ. sworn. - Examined by Mr. Knapp. I have known the prisoner three years, he was in my house for some months.

Q. The Miss Daveys were upon a visit to you, I apprehend? - A.They were; he was their servant, he behaved, while he was in my house, very soberly, and like a perfectly honest man.

Mr. Praed. (To Mr. Tolsrey.) Q. You took this man's examination on Saturday evening? - A. Yes.

Q. Is the account he has now given of these notes, the same that he gave upon that examination? - A. He said, that he had found them in Roxburgh-place, in the same manner that he has now stated upon all his examinations, though he was more circumstantial in his late examinations, he never varied from the story he at first told.

NOT GUILTY .

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

 

147.   THOMAS EADY was indicted for that he, on the 19th of January , about the hour of two in the night, a chesnut timber-tree, value 20s. belonging to   Mary Jane Dowager Lady Dacre , being in a certain enclosed ground belonging to her, without her consent, she being the owner thereof, unlawfully did cut down against the form of the statute, and against the King's peace .

Second Count. Laying the property to belong to Sir   William Dolben , Bart .

There were two other Counts for a similar offence, varying the manner of charging it.

The case was opened by Mr. Knapp.

  WILLIAM PICKTON sworn. - I am carter to Sir William Dolben.

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

Q. Do you know Welch and Crow? - A. Yes; I saw them all three one morning, at 20 minutes past six, as I came into the high-road from Sir William Dolben's yard, they were all on the offside of my horses; Crow came round to the nearside to me, as hard as he could run, he said, he had got three or four pieces of wood, and asked me if I would carry them to Southgate for him, which was about a mile off, I told him, he might put them up and welcome; Eady and Welch helped him to put them into the cart, I did not examine what sort of wood it was, they were not above five minutes putting them in, there were four pieces of wood; I went on, and left them behind, except Crow, he came running after the cart, he asked me where I was going to in London, and I told him, to Moorfields; in consequence of a conversation between Crow and myself, I took the wood to the corner of Worship-street, leading into Finsbury-square, then two men came with a truck, and took it away, I never saw any more of the wood or of them.

Q. Did you observe any thing particular about the wood? - A. No, only it appeared to be fresh cut.

  GEORGE AYRES sworn. - I am gardener to Mr. Elphinston, I don't know the prisoner: On Saturday the 6th of January, about three in the morning, I saw three men in Sir   William Dolben 's Park, standing in the same clump of chesnut-trees where this tree was cut down from; I did not know either of them, when they saw me, they all ran away; I was there again at seven o'clock the same morning, and then there was a chesnut-tree gone.

Court. Q. Were you in the park when you saw these men? - A. No, I was at seventy yards distance; when I came again at seven o'clock, I went into the park and saw the stump in the ground, and they had left the top in the field.

Q.(To Pickton.) They did not say any thing to you where they got it from? - A. No.

Q. In what part of the park was this tree situated? - A. It is not a park, it is a field; it was about 40 or 50 poles up the field.

  ROBERT LONDON sworn. - I am coachman to Sir William Dolben; I saw the trees all safe on the 5th of January, about five o'clock; the next morning, about seven o'clock, I discovered the head of a tree lying down, the body was gone, for any thing that I could see; it was a thickish morning, and only a glimmer of light.

  JONATHAN TROTT sworn. - I am constable of Enfield; I and Pidkin apprehended Eady, on the 19th of January, we had had the warrant a day or two, we wanted to apprehend the other first; we apprehended him at Southgate, going out to work, he lodges at his father's house, he had got a pickaxe and shovel upon his shoulder, he desired to go back to leave his things, and I went back with him; his father was in bed in an adjoining room, he asked, who is there, Eady said, it is me; Pidkin began talking about the tree; his father said, why, you were not concerned with Welch and Crow in stealing that tree; the prisoner said, yes I was; the old man said, oh dear, to many domes as I have asked you about it, and you have always denied it; we then took him to the sign of the Rose and Crown, and there he told me he did help to load the wood; I asked him how they could get such a large piece of wood up into the cart, and he told me it was cut into four lengths, three feet in each length; I then left him in the custody of Pidkin, and went to inform Sir William of it.

  JOHN PIDKIN sworn. - I am a constable, I apprehended the prisoner after Trott left him, and I said to him, Eady, there must have been a deal of trouble in cutting down such a tree as this, he made answer, there was a d-d deal of trouble in it, it lodged in the next tree, and we were forced to cut off three lengths before it would drop, I took him to Bow-street, and he was committed.

Sir   WILLIAM DOLBEN sworn. - The close that has been spoken of, I have in lease from Lady Dacre, together with the trees, they were about fifty or sixty years growth, and of considerable timber girth.

Q. Did you give any orders for this timber to be cut down? - A. No.

Q. Was it with your consent that it was cut down? - A.Certainly not.

Court. Q. Is that sort of timber made use of for any purpose? - A. It was a horse chesnut-tree, I believe it is made use of by turners and cabinetmakers, it is worth about 25 or 30s.

  RICHARD FERRIS sworn. - I belong to the Police-office, Worship-street. (produces a quantity of chesunt wood, cut into thin boards;) I found it at the house of one Webb, who has run away.

Prisoner's defence. As I was going along the road about six o'clock in the morning, I met with two men, and they asked me to stop and help them up with four pieces of wood, and I helped them up with it, that is all I know about it.

Sir William Dolben gave the prisoner an excellent character.

GUILTY .

Fined 1s. and discharged .

Tried by the second Middlesex Jury, before Mr. Baron THOMPSON.

 

148.   MARTHA SUTLIFF was indicted for feloniously stealing, on the 2d of February , two linen sheets, value 8s. and a cotton counterpane, value 3s. the property of   George Hudson .

  GEORGE HUDSON sworn. - I am a shoe-maker , I keep a house in  Grub-street ; On Friday the 2d of February, I lost two sheets and a counterpane; the prisoner lived servant with me, and I suspected her; my wife keeps a cook-shop, nobody had access to the room but herself, and my wife and I; I challenged her with it, and the denied knowing any thing of it; I then fetched an officer, in her box we found a duplicate of two sheets, and another of a counterpane, she gave the constable the key, then we went to the pawnbroker's and found the property; I have left the duplicates at home, I did not know that they would be wanted, one of them is dated the 31st of January.

  WILLIAM SMITH sworn. - I am servant to a pawnbroker, (produces a counterpane;) it is linen counterpane, I took it in of the prisoner.

  JOHN STEVENS sworn. - I am servant to a pawnbroker, (produces two sheets;) I took one of them in pledge of a person whom I do not know,(produces the duplicates;) I was not present when the other was taken in.

Prisoner's defence. Mr. Hudson has stopped my things, and he owes me 2s. 6d. besides.

Prosecutor. I would not let any body else have her things, but herself.

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

NOT GUILTY .

Tried by the London Jury, before

Mr. RECORDER.

 

149.   MARY LONG was indicted for feloniously stealing, on the 13th of February , two copper halfpence, value 1d. the property of   Robert Sherwood .

  ROBERT SHERWOOD sworn. - On Tuesday last, the 13th of February, I suspected I had lost some money, and I marked copper halfpence to the amount of 4s. 6d. out of which I missed two; I am a publican , I put them into a bason in the bar, and went up stairs; I left the prisoner in the taproom, with the bar open, and in about a quarter of an hour I called her up to go to bed, and I and the officer then counted the halfpence, and found one penny marked; I had the officer up stairs to search her directly, and in her pocket he found the two halfpence, she was getting into bed, and her pockets were off by the bed-side, there was no other money in her pocket; the officer asked for the key of her box, and in that he found 1l. 11s. 6d. in halfpence, and 2l. 2s. 6d. in silver, it was tied up in handkerchiefs and purses, but I knew nothing of them, there were also four guineas in gold; she would not ask her mistress's pardon, and I ordered her to the watch-house.

Q. How long had she lived with you? - A. I said before my Lord-Mayor, almost two years, but I find it was not quite one year, she lived twice with us, once she went away sick, I had a very honest character with her.

Q. Had you lost money before to any amount? - A. I cannot say to what amount, I stamped them in the officer's house, in his presence.

Ceoss-examined by Mr. Knapp. Q. This is a prosecution for one penny? - A. Yes.

Q. And if she had asked her mistress's pardon, she would not have been sent to the watch-house? - A. No.

Q. She came to you with the character of having lived seven years in one place? - A. No; she lived at other places between that and her coming to me.

Q. You marked all these halfpence with the same mark? - A. Yes; I marked them between three and four in the afternoon.

Q. Had you any customers in the course of that afternoon? - A. Yes, a good many.

Q. Did you mix these halfpence with others? - A. No.

Q. Does any body else serve in the bar besides yourself? - A. Yes, my wife; she is not here.

Q. How do you know she might not have given change out of these halfpence that afternoon? - A. I am sure she did not.

Q. The prisoner went away sick the first time? - A. Yes.

Q. You had not a good opinion of her then? - A. Yes; or else I should not have taken her in again.

Q. Who has got all the money that was found? - A. The constable has got it.

Q. To the amount of several pounds-you having lost but one penny? - A. Not that I have sworn to.

Q. Was this girl employed to buy wood to light the fire in the morning? - A. Sometimes.

Q. Do you buy a pennyworth of wood at a time? - A. Yes, sometimes.

Q. Whether this girl had a penny from your wife to buy a pennyworth of wood, you cannot tell? - A. No.

  THOMAS SAPWELL sworn. - I am a constable,

(produces a penny:) I found this penny loose in the prisoner's pocket, and, in searching her box, I found 1l. 11s. 6d. in halfpence, four guineas in gold, and 2l. 2s. 6d. in silver; when I was before the Lord-Mayor, I asked what I was to do with this money, and the Lord-Mayor told me, I must bring it to the Old-Bailey.

Cross-examined by Mr. Knapp. Q. Have you got the penny here? - A. Yes.

Q.Is it good money? - A. Yes.

Sherwood. This is the money that I marked, here is the instrument that I marked them with.

Mr. Knapp. Q. Did you ever mark any halfpence before? - A. No.

Q. Did not you pay your servant her last year's wages in halfpence? - A. No; I paid her 10s in halfpence.

Q. You have a club, I believe, held at your house? - A. Several.

Q. Was this girl in the habit of getting pence from those clubs? - A. She might.

Q. Will you swear that there were no halfpence among them with such marks as these? - A. I should think not.

The prisoner left her defence to her Counsel.

  EDWARD GROOM sworn. - The prisoner lived seven years with me at Hounslow; I have now retired from business, a better servant, and an honester woman never came into a house; she has a small annuity in the Bank, which I receive for her.

The prisoner called two other witnesses, who had known her twelve years, and gave her a good character.

Sapwell. I have known the girl a long time, and always found her to be very sober, honest and industrious.

NOT GUILTY .

Tried by the London Jury, before

Mr. RECORDER.

 

150.   SARAH WHITAKER otherwise HAMMOND was indicted for feloniously stealing, on the 28th of January , a blanket value 2s. 6d. and a linen sheet, value 1s. 6d. the property of   Joseph Kirton , in a lodging-room .

JOSEPH KIRTON sworn. - I live in  St. Ann's-street, Westminster : I rented the house yearly, and always paid my landlord quarterly; I furnished every room in it: The prisoner at the bar, and a man, whom she called her husband, of the name of William Whitaker, came to take a lodging of me this day five weeks, as near as I can recollect, they agreed with me for half-a-crown a week for a parlour.

Q. Did you let it to them both? - A. Yes; he made the bargain for it, and they both came into it the same day.

Q. Have you any reason to doubt whether they were married? - A. She said, before the Magistrate, that it was not her husband.

Court. There is a defect in this indictment: it is an indictment for stealing in a lodging-room, let by contract to William Whitaker and Sarah his wife; the contract was made by him only, and therefore the prisoner must be acquitted.

NOT GUILTY .

Tried by the second Middlesex Jury, before

Mr. Justice ROOKE.

 

151.   JOHN HANDS was indicted for feloniously stealing, on the 26th of January , a cloth coat, value 7s. a swansdown waistcoat, value 5s. a man's hat, value 12d and two pair of leather shoes, value 6s. the property of   John Woods .

  JOHN WOODS sworn. - I was on guard on the 26th of January, when I lost the property named in the indictment, (repeating them), from my lodgings at the  Harp and Crown, Hermitage-yard, Middlesex ; when I came home, I went up stairs, and found my knapsack open, and the things gone out of it; I came down stairs and told the landlord of it, he was very much surprised, and said there never had been any thing of the sort before; he told me to let it be till morning, and he would enquire about it; the next morning he told me he had a suspicion of the prisoner, and on Monday morning he was taken out of bed; I went with the officers, and the landlord, he had a great many duplicates, but none relating to my things; he was taken before the Magistrate, and at the public-house just by the office, there was the woman that lives with the prisoner; we told her if she knew of the property she had better tell us where it was; the man that bought them is here.

  JOHN HARBOTTLE sworn. - I know nothing of this robbery of my own knowledge.

- LEVY sworn. - I bought of Susannah Stout, a coat and waistcoat, two pair of shoes, and a hat,(produces them); Stout said they belonged to her husband.

  SUSANNAH STOUT sworn. - I live with the prisoner as his wife; I sold this property to Mr. Levy, I had them from the prisoner; when he gave them to me I did not know they were not his own.

Q. What is Hands? - A. A sailor ; he gave me a coat, a waistcoat, two pair of shoes, and a hat, to sell for him, I did not ask him how he came by them; they said they would neither hurt him nor me if I would own to the things.

Prisoner's defence. I know nothing at all of the things, I never touched them.

Harbottle. He lodged in the house three months with me, I never saw any thing bad in him before.

Q. Did Susannah Stout lodge at your house with him? - A. No. (The property was deposed to by the prosecutor).

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Justice ASHHURST.

 

152.   JAMES THOMAS was indicted for feloniously stealing, on the 12th of January , five bushels of coals, value 3s. 6d. the property of   Thomas Capper and   Benjamin Capper .

  BENJAMIN CAPPER sworn. - I am in partnership with   Thomas Capper ; Mr. Capper, of the Hungerford Coffee-house, gave us an order for a room of coals, one chaldron out of the room was to be sent to Kentish-town; The prisoner at the bar was the carman who took that chaldron, the coals were loaded over night, he had been our carman for some time; I learned from Mr. Capper, that we had been robbed, and we had the prisoner taken up.

Cross-examined by Mr. Knapp. Q. Have you any other person partaking of the profits of your business? - A. No.

Q. Another person was driving, of the name of Kelly? - A. Yes; he his dead.

Q. How long has he been dead? - A. He died the day after he was committed.

Q. Who was Kelly? - A. He was a person that the carman employed to assist him.

Q. You were present, I take it for granted, when he had the orders? - A. No.

Q. All that you know is, that you understood he had received orders? - A. Yes.

Q.Neither did you give the orders the next morning? - A. No.

Q. Somebody else did who is not here, perhaps? - A. Yes.

Q.Neither were you present when the coals went off the next day? - A. No.

Q. I take it for granted, as coal-merchants , you have a considerable quantity of coals lying in your barge? - A. Yes.

Q. How often do you take stock? - A. Once a year.

Q. And you charge to have lost five bushels of coals? - A. Yes.

Q. When did you last take stock? - A. The last day of December.

Q.Supposing the coals were produced, do you think you could swear to them? - A. No; Mr. Capper was going to Kentish-town, and saw the whole of the transaction.

  BENJAMIN CAPPER sworn. - I keep the Hungerford Coffee house; I am not in partnership with the prosecutor: On the 11th of January, I sent my servant to order a room of coals, and to send as much to Kentish-town as would go over the weigh-bridge, I believe, about fifteen sacks will go over the weigh bridge, desiring them to send the remainder to my house early in the morning, and I would be there to receive them; as I was going along Tottenham-court-road I overtook the cart, about half past seven in the morning, I conceived it to be the coals going to my house; I saw a man emptying the coals out of one sack into another, they stopped opposite Mortimer-market, and then I knew the team and the horses; all the time they were going up Tottenham-court-road the man that is deceased was filling coals out of one sack into another; the prisoner was the carman that drove it, the other man was in the cart; they turned the cart into the market, it is not a thoroughfare, and there I saw the prisoner, and the other man, both at the tail of the cart untying a rope, they appeared to be taking out a sack of coals; I was afraid of their knowing me, and I went round another street to come the back way upon them; I halted some time, and before I got round the cart was gone, and they proceeded up Tottenham-court-road; I followed them to the turnpike, and the man that is dead was moving the coals out of one sack into another all the way to Mother Black-caps; I then went to my house at Kentish-town, in order to receive them, when I got there, I went up into the dining room, where I had an opportunity of seeing them, and I observed that there were fourteen sacks not near full; I went out and told a person my suspicions, and we went to this place where I saw the cart turn up to the market, and then I went down to Mr. Capper's wharf; I left the person there to watch, his name is   John Norris , and then we went to Bow-street; I had the coals measured, and found them five bushels short.

Q. Did not you observe whose name was upon the cart? - A. I did not, I knew the team, and I knew the horses; when the man brought the coals, I observed to them, that I did not think the sacks were full.

Cross-examined by Mr. Knapp. Q. When the coals were delivered you were in the dining room of your country-house? - A. Yes.

Q. At the time they were delivered by those persons, the one who is dead, and the prisoner, were they measured? - A.They were not; they were what they call fill-away coals; they were not measured to me, they were taken out of the room, and put into a new vault.

Court. Q. Did you ask them if they brought them from Mr. Capper? - A. No.

  JOHN NORRIS sworn. - I am out of business: On Friday morning, the 12th of January, Mr. Capper called at my house in Tottenham-court road, between eleven and twelve o'clock, and in consequence of what he said, I watched the cart at

the corner of Mortimer-market; when the cart came up they were both in the cart, and the deceased, Kelly, turned into the market, the prisoner went on with his cart; I followed the other man, and saw him go into a house in the market; I saw a woman and a man that is Court, paying him money in the shop, I waited till he came out, and he followed the cart, and I saw no more of them. I then went to Mr. Capper to tell him what I had seen, and we went to Bow-street, I and Mr.   Benjamin Capper ; we got a warrant, and went to search for the coals in Mortimer-market, we found the coals fresh shot down in the kitchen in Mr. Costerville's house, we took Mr. Costerville's daughter with us to Bow-street, and, in consequence of what she told me, there was a warrant granted to apprechend the two prisoner; we waited at Mr. Capper's, at Beaufort-buildings, till the man came back, and they were gone out with another load of coals, they came back about twelve o'clock, they were taken to Bow-street and committed.

Cross-examined by Mr. Knapp. Q. Do you mean to swear positively to their having the appeatance of being fresh shot? - A. Yes, they appeared so to me; there had been coals there before, and these were shot down by the side of the others.

Q. The prisoners were apprehended while they were in the actual employ of their masters? - A. Yes.

  SARAH COSTERVILLE sworn. - I live in Mortimer-market; a man came to me, like a coalman, and brought a sack of coals.

Q. Did you know that man? - A. No, I did not; he said they were for me, I said, they were not; he said yes, they were for me; I asked him in the name of God who sent them to me? and he said it was no matter; then he brought them down into the kitchen, there were coals there, I did not want them, I did not see any cart, I do not know how they were brought, except that they came upon the man's back; as he was going away, the man asked for some beer, and I called to the girl to bring down threepence halfpenny, and then he said make it sixpence, I gave him sixpence, I know no more of it.

Cross-examined by Mr. Knapp. Q. You received a sack of coals from a man having the appearance of a coalman, for which you paid him sixpence? - A. My child did.

Q. That is all you know? - A. Yes.

Q. Who the man was you do not know? - A. I do not.

  MARY COSTERVILLE sworn. - I am the daughter of the last witness, I did not hear any thing about it till my mother told me to bring down threepence halfpenny, and as I came down the man said make it up sixpence, upon that I went up and brought down some more halfpence, and put sixpennyworth of halfpence into the man's hand; I paid the money in the shop.

Q. Any body in the market could see what passed there? - A. Yes, certainly; this was about eight o'clock; at past ten o'clock a person came and said he was come for the money for some coals, I asked him what I was to give him, and he said half-a-crown and threepence halfpenny, which I did.

Q. Do you know who that man was? - A. No.

Q. Was it the same man that came first? - A. I do not know.

Cross-examined by Mr. Knapp. Q. At the time the man came the first time and the second time, it was in a public market? - A. Yes.

Q. And any person in the market might have seen him go in and out both times? - A. Yes.

Q.(To Norris.) Is that the young woman that you saw paying the money. - A. Yes.

The prisoner left his defence to his Counsel, and called five witnesses who had known him from nine to upwards of twenty years, who gave him a good character.

Court. (To Capper.) Q. In turning down towards Mortimer-market, they must have gone out of their way to your house? - A. Yes.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

153.   RICHARD BICKERIDGE and   THOMAS BEAL were indicted for feloniously stealing, on the 3d of February , a bushel and a half of oats, and a peck of beans, mixed together, value 3s. the property of   Thomas Harder and   Thomas Gray .(The case was opened by Mr. Knapp).

  WILLIAM HUGHES sworn. - I am ostler at the  Bell Savage : The prisoner, Bickeridge, was horse-keeper to look after the horses belonging to the Windsor stage; Beal is a man that comes up with fruit; on the 2d of February, at twelve at night, I went into the stables, and saw every thing safe. The next morning, Saturday, I got up about seven; I went to the window, and saw Beal's cart drawn just under the Windsor stable door, I dressed myself, and came down stairs, I went to the cart, and in the cart was a sack with some oats and beans mixed in it; I then informed my master, and came back again; I did not see my master till past nine; when I came back, I saw Beal come into the yard, and went out again; the cart was standing in the same place I had seen it before; then Mr. Beal came in again to harness his horse, that was between eleven and twelve.

Q. Who drew the cart there, you don't know? - A. No; Mr. Beale put his horse into the cart, and whispered something to Parker, who is the ac

complice; Bickeridge was then in the stable; Beal put his house to, and another man helped him to harness it; Beal then went out of the yard with the horse and cart, I followed him out of the yard, and stopped him; I asked him what he had got in his cart, he said he had nothing at all but what was his own; I told him, if he got up, I thought he would find something there that was not his own; he would not get up, he had his dog in the cart; I told him, if he would move the dog, I would get into the cart myself; Beal said, then I will get up into the cart with you; there were two sacks in the cart, I took hold of the sacks, and asked him if that was all he had in his cart, and he said, yes, for any thing he knew; I got into the cart, and found the sack, with the corn in it, covered over with straw; I asked him if that was his, he said he did not know how it came there; I took the sack, and gave it to a gentleman to lift down, and I told Beal he should not go any further till my master came; he begged I would not make any piece of work about it, but if it was our corn, we should have it again; I told him I could not do that; he begged I would let him go, and if there was any thing the matter, he would settle it when he came again on Friday; afterwards he said he would tell the truth, he said that Parker told him there was something put into the cart for him; he said no more about the corn, but he said Mr. Gray was a long while, and he was afraid he should not get home by dark; I did not let him go till he was taken into custudy; the corn was taken into the Bell Savage parlour. I went into the Windsor stable the night before, there were about four bushels in the bin, and in the morning there was but about half a bushel left.

Q. Was the sack that was in Beal's cart full? - A. No, it contained about two bushels; when the constable came, my master took Beal into the parlour, and asked Beal how he came by the oats, and he said Parker told him there was something for him in the cart; I went to fetch Parker, and my master asked him about it, and he said Old Dick, that is, Bickeridge, told him there was a sack there, and desired him to put it into the cart, which he did; then I went to call Bickeridge, he was in the Windsor stable at work, he came in, and my master asked him if he knew any thing about the corn and beans that were put into Beal's cart; Bickeridge said he knew nothing at all about it; my master directly said, Parker says you told him to put it into the cart; Bickeridge said, how can you tell such a lie, Jem, for I nevertold you no such thing; and then they were all three taken into custody.

Cross-examined by Mr. Knowlys. Q. How long have you been ostler at this place? - A. Three years and a half.

Q.Beal has been a constant frequenter of your house? - A. Yes.

Q. Every Friday, when he comes to Fleet-market? - A. Not every Friday.

Q. He deals in fruit in Fleet-market? - A. Yes.

Q. Early in the morning he is obliged to be in the market upon his business? - A. Yes.

Q.When you saw the cart, Beal was not in the yard? - A. No.

Q.But Bickering was in the stable? - A. I cannot say; he was there almost directly after.

Q.Parker said, when he was taken up, that Bickeridge had told him to put something in the cart for Beal, did he not, at the same time, tell you that Beal was not there at the time it was put in? - A. No, he did not.

Q.Beal had a pretty fierce dog with him? - A. I cannot say that he was very fierce.

Q. Did he not quiet the dog for you to get into the cart? - A. Yes.

  JAMES PARKER (the accomplice) sworn. - I am ostler at the Bell Savage: Last Saturday se'nnight, a little after seven in the morning, I went into the Windsor stable, I came out and went in again, and then I saw Bickeridge there; I held up a sack, and he put in some corn, oats, and beans; he took it out of the bin; there were nearly two bushels; the sack was about half full;   Richard Bickeridge told me to carry it to Beal's cart, which stood under the shed by the stable door.

Q. Beal was not there? - A. No.

Court. Gentlemen of the Jury, upon this evidence, Beal, if he is to be charged at all, should have been charged with receiving, and not with stealing: With respect to Bickeridge, there is no evidence to affect him, except that of an accomplice, and therefore they must be acquitted.

Both NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

 

154.   MARY IRONMONGER was indicted for feloniously stealing, on the 6th of April , a silk handkerchief, value 3s. the property of   John-Thomas Page .

  JOHN-THOMAS PAGE sworn. - I live in  Queen-street, Cheapside : The prisoner came to live with me last February, and remained in my service till the 13th of June; during that time many things were lost; I had no suspicion of her; as there had been a fire at the next house, I attributed the loss to that fire, till last Friday I missed some more things; and, on missing those things, a woman of the name of Fuller, who was introduced to my house by the prisoner at the bar, was taken up, and she was tried last Wednesday, and convicted; I went to Mr. Watson's, a pawnbroker, who lives

near me; and told him, I had lost some things, and that Mr. Clement, who lives with me, had lost some ruffled shirts; he said, he believed he had such things; and upon looking for them, he found a number of my things; I found a pocket handkerchief that I missed at the time the prisoner lived with me.

  DAVID WATSON sworn. - I am a pawnbroker,(produces a silk handkerchief); it was pledged with me, on the 6th of April, by the prisoner.

Q.(To Mr. Page.) Is that handkerchief your property? - A. I won't ascertain it, because it is not marked.

NOT GUILTY .

Tried by the London Jury, before Mr. Justice ASHHURST.

 

155.   MARY IRONMONGER was again indicted for feloniously stealing, on the 12th of April , a silk handkerchief, value 3s. the property of   John-Thomas Page .

  JOHN-THOMAS PAGE sworn. - I can swear to the handkerchief in this indictment, it is marked and numbered; I found that also at Mr. Wason's.

  DAVID WATSON sworn. - I had this handkerchief, (producing it), from the prisoner, on the 12th of April.

Mr. Page. This I swear to be my property.

Cross-examined by Mr. Knapp. Q. You had a fire next door to you? - A. Yes, last January.

Q. Did you ever see your handkerchief between April and January? - A. I cannot swear to that, but I have no doubt of it; I never missed it.

Q.Any body else might have taken it for what you know, and the prisoner might be the person to pawn it? - A. I cannot say, she always had access to my drawers.

The prisoner called one witness, who had known her ten years, and gave her a good character.

GUILTY .

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

Tried by the London Jury, before Mr. Justice ASHHURST.

 

156.   MARY JONES was indicted for feloniously stealing, on the 16th of January , nine yards of linen cloth, value 10s. the property of   John Whiting , privately in his shop .

  JOHN WHITING sworn. - I am a hosier and haberdasher , No.  40, Beech-street, Barbican : On the 16th of last January, the prisoner came into my shop with another woman, between one and two o'clock, I was sitting at dinner in the parlour, my wife said, there were two women in the shop; I went to the other woman, not the prisoner, and she said, I want to look at some black stockings; I immediately reached them down, she bid me less than I could afford to take, and they went away; my wife told me, she suspected the prisoner, I immediately stopped her at the door, and turned her cloak on one side, and there I found a remnant of Irish cloth that had been lying on the counter, about nine or ten yards, it is worth about nine or ten shillings; it was a piece of very common Irish; a constable happening to pass, I gave him charge of her, and I gave him the cloth.

  WILLIAM MASON sworn. - I am a constable: I received this cloth from the prosecutor, (produces it); I have had it ever since; I searched her, and found nothing about her but a duplicate and a knife.

Whiting. This is my cloth, I know it by the quality, there is a mark upon it.

Q.When was that mark put upon it? - A. After I took it from the woman.

Prisoner's defence. I don't know that I had it at all, but there was a bad woman in the shop, and she might have given it me, I don't know.

Prosecutor. I have since been given to understand that she is not in her right senses.

NOT GUILTY .

Tried by the London Jury, before Mr. Justice ROOKE.

 

157.   DANIEL CARTY was indicted for feloniously stealing, on the 30th of January , a wooden firkin, value 4d. and 561b of butter, value 2l. the property of   James Fitch .

  JAMES FITCH sworn. - On Tuesday evening, the 30th of January, I lost a firkin of butter, containing fifty-six pounds, worth forty shillings; I can only identify the property.

  GEORGE FITCH sworn. - I am nephew to the last witness: On Tuesday evening, the 30th of January, I saw the prisoner go out of the shop with a firkin of butter, I followed him, he had got the firkin of butter, I followed him, he had got the firkin upon his right shoulder; it is now in Court; I laid hold of the man, but I could not hold him.(William Ballad, the prosecutor's servant, produced the butter).

- BIGGINS sworn. - I am a patrol: I stopped the prisoner, and took him across the way to Mr. Fitch's house, and from there I took him before the Lord-Mayor, and he was committed; I marked the firkin, and left it with Mr. Fitch; this is the same firkin.

Prosecutor. This is the firkin that I lost, it has my mark upon it.

Q.(To   George Fitch .) Are you quite sure the prisoner was the man? - A. Yes.

GUILTY (Aged 37.)

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

Tried by the London Jury, before Mr. Justice ASHHURST.

 

158.   JAMES AYRES was indicted for breaking and entering the dwelling-house of   George Float , he and others of his family being therein, about the hour of two in the night of the 3d of February , with intent to steal his goods, and stealing two silk handkerchiefs, value 4s. a clasp knife, value 6d. a leather pocket-book, value 1d. 4800 halfpence, value 10l. and two Bank-notes, each of the value of 1l. the property of the said George .

  MARY FLOAT sworn. - I am the wife of George Float; he keeps the  Red Lion, in Whitechapel-road : On Saturday, the 3d of February, about a quarter after four in the morning, our house was broke open; I went to bed about half past twelve, I was the last person up in the house, I went round the house, and saw every part of it properly fast; a puppy that we keep just by the bar-door, made a noise, and that rather alarmed us, but we did not get up then; my husband got up about a quarter after four; I had left ten pounds worth of halfpence in the bar, a silk handkerchief, a clasp knife, a leather pocket-book and two one-pound Banknotes; my husband called me up as soon as he found the place broke open; I came down stairs, and found that the bar door had been cut with a knife, and wrenched open; the handkerchief and the knife I had left in a drawer under the till; the money was in a cupboard under the till, all tied up in brown paper, and the notes in a pocket-book in the till; the prisoner was taken last Thursday, and I saw part of my property in the hands of the officer; he had been my servant about two years ago.

  GEORGE FLOAT sworn. - I keep the Red Lion, Whitechapel-road: About twenty minutes before four in the morning of the 3d of February, I was disturbed by the noise of a puppy -

Q. He would make a noise at any thing passing in the street? - A. Yes; he is quite a little puppy; I came down stairs -

Q. Was it light at that time? - A. No, it was dark; I had a light in my hand; it is not day-light till about a quarter before seven; I came down and found the street door wide open, and the bar door; the bar door opens into the passage, and the cellar goes down facing the bar door, it had been wrenched open; they had got in at one cellar window, and got out at the other; they are both on my premises, leading into the street; I cannot say whether that was fastened or not; it was put down because people walked over it; then they came up the cellar stairs and broke the cellar door open; I saw the handkerchief and the knife in the bar the night before; I had not seen the money; I called my wife, and she came down, and missed it; Robert Coomes, the officer, apprehended the prisoner, on Thursday following, at Deptford, in the street, I was with him at the time; we found the handkerchief round his neck; we searched him, and found the knife, and ten shillings and four-pence halfpenny in halfpence; we asked him, how he came by the halfpence; I told him, it would be better for him to confess.

Court. Then you must not tell us what he said.

Float. I found the pocket-book, according to his direction, at the Red Lion, at Hoxton, where he had thrown it away.

ROBERT COOMES sworn. - I belong to the Public-office in Lambeth-street: I apprehended the prisoner, in company with the last witness; I found a silk handkerchief round his neck, a knife, and ten shillings and four-pence halfpenny; I found the pocket-book afterwards at the Red-lion, at Hoxton; he told me that he changed one of the notes at the Red-lion, and then threw the pocket-book away, and that he saw the landlord's little boy pick it up. (Produces the property, which was deposed to by Mrs. Float, except the halfpence).

Prisoner's defence. I know nothing of the property.

The prisoner called the prosecutor to give him a character, who deposed, that he had had reason to suspect him before.

GUILTY (Aged 19.)

Of stealing the handkerchief, the knife, and the pocket-book.

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

 

159.   WILLIAM SIBLEY was indicted for breaking and entering the dwelling-house of   Everard Cruttenden about the hour of nine in the night of the 20th of February , and stealing thirteen yards of silk ribbon, value 7s. the property of the said Everard .

EVERARD CRUTTENDEN sworn. - I am a haberdasher , No.  35, Rosemary-lane : On Saturday night last my shop-window was broke, I was behind the counter serving in the shop at the time, it was between eight and nine o'clock in the evening; I lost a piece of satin ribbon containing between thirteen and fourteen yards, on a roll, worth about seven shillings, the shop-door was shut; I immediately went out to the opposite side of the way, and laid wait for his coming back again; I had before lost things in the same way, to a considerable amount.

Q. It was not day-light then? - A. No, it was dark; I observed a small hole in one square of glass, and the prisoner at my shop-window making several attempts; I cannot say what with, but I think it was a knife, making the hole larger to convey the roll through, which at last he did, and instantly put it into his bosom.

Q.Had he got his hand inside the window? - A. No; I immediately caught him as he was running away, and secured him; he took it out of his bosom, and dropped it on the ground, with a knife, which I afterwards found; I took him to my own shop, and called for assistance; I sent for a constable, who lives next door to me, and he searched him.

Q. Can you swear, that at the time you left the shop, there was room enough to get the ribbon out? - A. By no means; but as I was watching him all the time, I can swear that no other person had been near the window.

  JOSEPH DUTTON sworn. - I am a constable, I was sent for by Mr. Cruttenden: I searched the prisoner but did not find any thing upon him; I then went to the spot where he was taken, at the corner of a street, and there was a woman who had just picked up the prisoner's hat, and a piece of ribbon in the crown of it; I gave the prisoner his hat, and have had the ribbon ever since. (Produces it).

Prosecutor. This is my ribbon, I had placed it there myself in the morning, I cannot say whether I saw it or not when I went out to watch; I saw him put his hand in his bosom and throw this piece of ribbon down, and his hat fell off at the same time in the scuffle; here is a piece of the same that was found in the glass case, that had been cut off with a knife.

The prisoner did not say any thing in his defence.

GUILTY (Aged 15.)

Of stealing the goods, but not guilty of breaking and entering the dwelling-house.

Transported for seven years .

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

 

160.   FRANCIS FUDGE was indicted for feloniously stealing, on the 28th of January , a silver watch, value 20s. the property of   Elisha Pearce .

ELISHA PEARCE sworn. - I am a coal-merchant , in  Litchfield-street, St. Ann's : The prisoner at the bar lived at a coal-shed, in a back house through which I had communication; he had half-a-guinea a week wages, and to make his place better I gave him a shilling a week to clean my boots and shoes, and so on; on the 28th of January, he came as usual to clean my shoes, I went out about eleven o'clock, and my maid-servant sent this boy up stairs to stay with my daughter, who was ill, while she went out on an errand; as I was going a little distance in the country to dinner I did not take my keys with me, but left them upon the mantle-piece in that room; when I returned the next morning, I found the keys in my desk, there was a private drawer in the desk where there were two watches, one of them was gone; there were checks and bills to a considerable amount; I heard that the boy was taken to Bow-street with the property, and I went and owned it.

  SAMUEL WELLS sworn. - I am a green-grocer, No. 10, Moor-street, Soho: On the 28th of January, about eight o'clock in the evening, the prisoner asked me to lend him three shillings on his watch; I asked me to lend him three shillings on his watch; I asked him how he came by a watch; he said, his father had received his brother's prize-money, and had made him a present of the watch; I lent him the three shillings, and took the watch; about ten o'clock the same evening, he came and demanded another shilling; in the mean time I had been at a public-house, where I had seen him in liquor, and drinking; he said it was his, and his father would give him the money in the morning; I lent him another shilling; I began to be very uneasy, and I found out where his father lodged, and then I found that he had come by the watch in a clandestical manner; I then found the boy, and took him to Bow-street; I told him he had stole it, and he had better own where it was. (Produces the watch).

Pearce. I know this watch by the number and name, it was made for me a great many years ago, and the outside case is wore at the knob; I can positively swear it is mine.

Prisoner's defence. The maid left the keys in the desk, and I took the watch.

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

GUILTY (Aged 16.)

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

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

 

161.   WILLIAM WATSON was indicted for feloniously stealing, on the 25th of January , a piece of linen cloth, value 6d. and two bolts, containing 70 yards of canvas, value 4l. the property of   James Broughton .

  JAMES BROUGHTON sworn. - I am a ticket-porter , and work at Holborn-bridge: On Thursday the 25th of January, I lost the property in the indictment, I was not with it when it was lost; I delivered it to John Doman, about three o'clock in the afternoon.

Q. You are responsible for these goods to your employer? - A. Yes.

  JOHN DOMAN sworn. - I work for James Broughton; on the 25th of January, I unloaded Mr. Briant's waggon, at the Swan, Holborn-bridge; I asked the carman if he would let me put three trusses into his waggon, he was going down to St. Catherine's, he agreed to take them for 6d. I got into the waggon at Holborn-bridge, and I remained

in it, till it got to the  top of St. Catherine's-lane, the other side of Tower-hill ; I then turned the trusses up on the end, and I took one truss, and the carman took another, down the lane, to Mr. Jenkins's; as I returned, we met the boy, that we left in the care of the waggon, coming to tell us, that some man had taken away the other truss, we then pursued him, and took him the corner of Princes-street, Rosemary-lane, it was the prisoner at the bar; I took him by the collar, and set him down upon the truss, he had dropped the truss close to where I took him; he begged and prayed for God's sake I would horsewhip him, and let him go about his business; I told him he should have just what the law would allow; a witness that is here put the truss into a Mr. Coleman's shop, and in a quarter of an hour after, I went back and saw the same truss in the shop, I knew it to be the same truss by the marks upon it; I then took it to Goodman's-fields, it is marked   W. Plowman, I am positive it is the same truss that I received from James Broughton. (Produces it.)

  SAMUEL BAKER sworn. - I am a carman; I went with a load of flax from Holborn-bridge, and Doman said, he would give me six-pence to carry three trusses; I took one of them upon my shoulder, and Doman another, to carry down to Mr. Jenkins's, we left   James Gordon to take care of the waggon; when we returned, the boy told us a man had taken the whip from him, and taken the truss out of the waggon, we went after him and took the prisoner the corner of Princes-street, Rosemary-lane, the truss was upon the ground, about three or four yards from him, he had just got past it as we came up and stopped him, and a witness here took it into Mr. Coleman's shop; I know it to be the same truss by the mark upon it; I took it to the Justice's office, the prisoner begged of me to horsewhip him, and let him go; I said, what, I have got you, have I, you have pitched it round the corner.

James Gordon called. - Q. Do you know your catechism? - A. Yes.

Q. Do you know what will become of you, if you tell a story? - A. I shall go to the naughty man, (sworn;) I am turned of eleven years of age, a good while ago, I cannot recollect what day it was; I was coming home to my father's, about three or four in the afternoon, and Mr. Baker saw me, and asked me to mind the waggon, I knew Mr. Baker before; I was standing with the waggon, and that man at the bar came, and asked me, what I did there; he told me to go along, he took the whip out of my hand, and said, he would flog me, if I did not go along; he made me go past the silversmith's, then he took the truss from out of the tail of the waggon, and went away with it, then I run after Mr. Baker, and Mr. Doman, them of it; they went after him, and I went to the waggon, I saw him again the same evening at the Justice's.

  BENJAMIN LEVY sworn. - I am a saleman; I saw the prisoner coming along with this truss upon his shoulder; about five minutes after that, I saw him shewing it to another man, they both walked away, and left the truss, they went into a public-house two doors from me, then I saw Baker and the carman come running quite out of breath; I told them, if they stopped one minute, they would see the man, and just then, the prisoner came out, and I said, that is the man, I took the truss into Mr. Coleman's shop, which is next door to me.

Doman. I carried the truss to the Justice's from Mr. Coleman's, and it was left at the Justice's till Tuesday, and then I carried it to our warehouse, at the Swan, Holborn-bridge, and left it in the care of   James Broughton .

Broughton. It has been in my care ever since.

Prisoner's defence. I had been with some messmates, and get much intoxicated in liquor; I know nothing at all of it, I don't know where the gentleman took me up.

The prisoner called two witnesses, who gave him a good character. GUILTY (Aged 27.)

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

 

162.   THOMAS BROWN THURGOOD and   JOHN LLOYD were indicted for feloniously stealing, on the 31st of January , a Wilton carpet, value 3s. four pieces of carpet, value 5s. and a pair of leather boots, value 2s. the property of   Clement Mead .

  CLEMENT MEAD sworn. - I lost some carpeting on the 31st of January from a room adjoining my dwelling-house, and some from the dwelling-house; I received some information that they were at a public-house; there was a sale in my house, and this carpeting was to have been sold the next day.(- Randall produced the carpeting.)

- FISHER sworn. - I was sent for to apprehend the two prisoners, on the 31st of January, at the Valiant Trooper, on suspicion of their stealing this carpeting, Mr. Randall gave me charge of it, I did not think it was stolen; Lloyd said it was his property, I did not take charge of them at that time; I went home, and in about three quarters of an hour I was fetched again, and I went to Mr. Mead's house, No.  23, Charlotte-street ; the carpeting was afterwards removed to the Northumberland-arms; while I was at Mr. Mead's, Mr. Randall fetched it there, and Mr. Mead gave me charge of the two prisoners.

Mr. Knapp. You had not opened it at the Valiant Trooper? - A. No.

- RANDALL sworn. - Two of these pieces I can speak positively to, from having seen them in the house.

Q.Whereabouts is the value of these two pieces? - A. I cannot speak to the value.

Mead. They are my property, those two pieces are worth about three half-crowns.

Randall. They were brought to the Valiant Trooper by the prisoner Lloyd; he had been working at the sale, and I suspected him; I heard him desire the landlord to take care of that carpeting.

Cross-examined by Mr. Knapp. What are you? - A. A broker.

Q. Were you employed by Mr. Mead? - A. No.

Q.There was a sale the next day? - A. Yes.

Q.What is Mead? - A. A builder.

Q. Were you present at the sale the next day? - A.No, I was not; I should have been, if it had not been for this business.

Q. Had you seen that carpeting before? - A. Yes; I had asked the prisoners how far this carpeting would reach, and they said to the top of the stairs; they were employed by Mr. Roper, the auctioneer, to work at the sale.

Q.Is Mrs. Mead here? - A. No.

Mr. Knapp. (To Mead.) Q. There was a sale at your house the day after this happened? - A. Yes.

Q. Was there any carpeting given to any of the porters, for the purpose of beating? - A. No, this carpeting did not belong to the sale at all; they had attempted to set up that as an excuse, but it was not so.

Q.Can you swear to it, from the pattern? - A.From the use of it, and the pattern; I have the same patterns at home now.

Q.They are a very common pattern? - A. Yes, they are.

MARY-   ANN BARNARD sworn. - The prisoner, Thurgood, brought a small carpet to me, on the 30th or 31st of January, I cannot say which.

Mead. This is the carpeting that I found at Mrs. Barnard's; it is my property.

The prisoner, Lloyd, called   Andrew James , who had known him four years, and gave him a good character.

Thurgood, GUILTY (Aged 29.)

Lloyd, GUILTY (Aged 48.)

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

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

 

163.   WILLIAM CHANTLER was indicted for feloniously stealing, on the 10th of February , a swansdown waistcoat, value 2s. the property of   Thomas Grainger .

  THOMAS GRAINGER sworn. - I live in Fox-and-hound yard, Park-lane: I work in stables ; I lost a waistcoat last Sunday morning, while I was gone to breakfast; I had left it hanging upon some pegs at the further end of the stable; I was foreman over the men that were at work there; when I returned, I missed the waistcoat; I found it at a pawnbroker's, in Chandless-street, Grosvenor-square, between one and two o'clock the same day; the prisoner had been, two days before, to the stables to ask for employ, but he was not employed; I had employed an officer, who had apprehended him, with the duplicate of the waistcoat upon him.

  WILLIAM PRICE sworn. - I attend the Marlborough-street office: On the 10th of this month, between twelve and one, the prosecutor told me he had lost his waistcoat, and I went with him to Calomel-buildings; I desired the prosecutor to go up first, and if I found that he answered to his name, I would be at his heels instantly; he asked if William was at home, and I heard the answer, yes; I stepped up immediately, and saw the prisoner asleep in a chair; the prosecutor gave we charge of him; I then said, William, waken, I must see what you have got about you; upon that he got out of the chair, his back was to the fire-place; I put my hand into his waistcoat pocket, unbuttoned his breeches, and said you may see every thing; he then put his hand into his sob, and pulled out a duplicate; he endeavoured to throw it into the fire; I perceived it, and the duplicate dropped down at his feet; I said, those things will not do with me, my eyes are as quick as your's; I then picked it up, and took him to the pawnbroker's, in Chandless-street; the pawnbroker produced the waistcoat, and it was sworn to by the prosecutor.

PHILIP MULCASTER sworn. - I am a pawnbroker: The prisoner brought me this waistcoat about ten in the morning, he told me his name was John Williams, that he lived in Charles-street; I lent him one shilling and sixpence upon it, he asked two shillings and sixpence.(Produces the waistcoat).

Grainger. This is my property, I know it by the make, and the colour of it; I had it given me by a gentleman, as a cast-off waistcoat; I have had it about three quarters of a year; I can swear that that is the waistcoat that I left in the stable.

Prisoner's defence. I went to see a young man that works with this gentleman, and as I was coming away, the young man came out into Park-lane, and gave me a handkerchief to carry to his washerwoman; I went home directly, down Brick-street, Piccadilly; I met a young man, an acquaintance of mine, who asked me to pawn this waistcoat for him, and he would give me a pot of beer, and I did pawn it for one shilling and sixpence; I took him the money, and offered him the duplicate, and he would not have it, he told me I might keep it

for myself; when these gentlemen; came to take me, they wrested the door open; I was going to give them the duplicate, and it jumped out of my fingers; I had no intention of throwing it in the fire.

GUILTY (Aged 24.)

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

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

 

164.   WILLIAM BOWMAN was indicted for feloniously stealing, on the 24th of December , two cloth jackets, value 2s. a cloth waistcoat, value 6d. and a pair of cotton stockings, value 6d. the property of   Henry Tovey .

  HENRY TOVEY sworn. - I live at No. 26, Clement's-lane, Clare-market, I am a sawyer : On the 24th of December, I was going down to Brentford, and the prisoner plied me in Piccadilly; I agreed to give him fifteen pence; the prisoner did not drive, but he got upon the box with the coachman, and when I got down, I forgot my bundle, and they went away with it in the boot; I followed the coach to the King's Arms, in Old Brentford; I asked the coachman for the bundle, and he said he had seen none, and I had not any; the master of the coach and the coachman both abused me very much; I told him I would fetch an officer, which I did, and went to the prisoner's lodging, and there was the bundle upon the table; I gave charge of him to the constable.

  EDWARD WARREN sworn. - I am headborough of Brentford; I went to the prisoner's lodgings, and found this bundle upon the table; I asked the prosecutor if that was his, and he said, yes; I asked the prisoner how he came by it, and he said he had brought it away by mistake; I conveyed him to to the cage. (Produces the bundle).

Prisoner. I asked him if he had any commands with me, and he said, me, and went away, and then came back again in a few minutes.

Prosecutor. These are my property; I know them by the buttons; they are my child's cloaths.

  CHARLES TOVEY sworn. - I know nothing of it, any further than assisting to bring the prisoner to the cage.

Prisoner's defence. I came to town on the 24th of December on an errand for my landlady; on returning, seeing the prosecutor and his child, I plied them; I put the child into the coach myself; and knowing that Mr. Tovey was brother to Mr. Charles Tovey, at Brentford, I thought I would take care of the bundle myself; my landlady was not at home; I went where she was, but would not stop, because I wished to deliver the bundle, and I was then taken into custody.

For the Prisoner.

  ELIZABETH GOLDER sworn. - The prisoner lodged with me going on two years, he bears a very good character.

ELIZABETH DRUMMOND sworn. - I live with Mrs. Golder: The prisoner came in from London with the coach, the landlady was not at home, he said, he was very cold, he sat down by the fire; he had a parcel in his hand, he said, it was a parcel belonging to a man up the town, a little way; he did not mention the man's name, and said, he would go and deliver it; it had nothing round it, it was only pinned; Charles Tovey lives beyond our house a good way.

Golder. Upon the constable and the prosecutor coming in, they asked for the parcel, upon which the prisoner, instead of saying, there is your parcel, take it, and go away, he asked what parcel? and when they took him into custody, the prosecutor said, are not you a good-for-nothing fellow? he said, for what? why did not you promise to take care of my parcel? he said, no, I am not the man and persisted in it that he was not the man that pretended to take care of the parcel.

NOT GUILTY .

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

 

165.   FRANCIS CHEVALIER was indicted for feloniously stealing, on the 17th of January , a glass coach, value 12l. the property of   John Jones .

  JOHN JONES sworn. - I keep a coach-maker's shop : The prisoner came to me on Saturday, the 13th of January, and asked for a glass coach for two or three days, or a week or a fortnight; there was no stated time; he said, he wanted it to let out to a gentleman in Whitecross-street; he gave me his direction, (producing it); it is in his own handwriting; he said, he lived formerly with Mr. Daniels, in Fetter-lane, that he used to hire carriages of the person who had the premises before I came on to them; he said, he was in business for himself now; he came again in the afternoon, and had the coach away, I was not at home; he called again on Monday evening after, and said, he should keep it longer; I was not at home then; I heard no more of him till Wednesday, the 17th; on Mr. Wednesday, I heard that the coach was sold to Leader, in Well-street, Oxford-street, Mr. Leader came to me to give me information of it; Mr. Leader had not been gone above half an hour, before the prisoner came in and told me that I must not expect it home yet, the gentleman would keep it a fortnight longer; I asked him then where the coach was, and he said, it was in the City; I told him I should wish to see the coach, for I was afraid the wheels were very bad; we went along Oxford-

road, and just as we got to Mr. Leader's, as if we were going into the City, he turned about and run away; I called out, and a man stopped him, and he was taken to Mary-le-bonne watch-house.

Q.What may the value of it be? - A.About twelve pounds.

  WILLIAM LEADER sworn. - I am a coach-maker: The prisoner came to our house, on Monday, the 15th of January, and asked if we bought left-off coaches; I told him, we did, sometimes; he said, he had got one to sell, and asked me to go and look at; I asked him where it was; he said, in Burleigh's-gardens, Old-street; he said, he had had it about two years, and had served it on a job a year and three or four months; he said, it had been standing four months in an open cart-yard, and only had a three days job for it; he asked me when I would come to look at it; I told him, we were going to Windus's, and then we would call, but it was uncertain when; and then he went away; he came again in about two minutes, and said, if I had a mind, he would bring it up next morning to our house in Wells-street, Oxford-road; the next morning it was brought in a cart; he told me, he had brought the coach; I told him, if he would leave it till next morning, I would speak to my father, and he should have an answer; he appointed me to meet him the next morning, at the Six Clerks office, Chancery-lane; I met him there; he asked me what was the most I would give; I told him, ten pounds; he said, I should spend a shilling then; and I said, I was not so near as that; I then gave him a guinea earnest, and he agreed to call upon us on Friday, for the rest; then we went to a public-house just by, and had a shillingsworth of wine and water; I asked him what gentleman he had served with the job, for a year and three months; he said the gentleman was dead; he said, he bought the coach of one Old Howison, in Old-street-road; he said, he was dead too; I asked him what he was, at the Six Clerks-office, and he said, he was bag-bearer, that he had about eighty pounds a year; and he said, he had candles and lodging found him; he said, he had another way of getting money, he gave out writing, and paid a halfpenny for fifteen lines, and got a penny for it; and then we parted; I made enquiry the next day, and found the coach was Mr. Jones's, and I went to him.

Prisoner. I did not sell him the carriage.

Leader. He sold it to me, and was to call for the remainder of the money, on Friday; I shewed the coach to Mr. Jones, and he owned it.

Jones. I knew this to be my carriage by the two black supporters to the arms; the carriage was blue, and one black wheel the off side before, and another broke; the other wheels were blue; the lining had the same arms upon it.

Leader. The carriage I shewed to Jones was the same that I had from the prisoner.

Prisoner's defence. I had this carriage of Jones for a job; I wanted a little money upon it, Mr. Leader told me, he would give me ten pounds for it, and I said, I would not sell it; they took my watch from me; I did not know of my trial coming on, or else I could have had plenty of gentlemen to speak for me from Chancery-lane.

GUILTY (Aged 19).

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

 

166.   JAMES CHANDLER was indicted for feloniously stealing, on the 6th of February , two shillings , the property of   Samuel Robins .

SAMUEL ROBINS sworn. - I am a soldier in the first regiment of Foot Guards: Yesterday was a week, the 6th of February, between four and five in the evening, I lost two shillings out of my jacket; I went to the public-house, the  Swan, in Tothill-street , I put my hand in my pocket to pay for my beer, and I missed my money; some time before I missed it, I detected Chandler's hand in my pocket; we were sitting together; I asked him if he was going to pick my pocket, I did not suppose that he was, though he made me no answer; as soon as I missed it, I asked him for it; upon that, he pulled the money out of his pocket, two shillings and some halfpence; there was a shilling with a particular mark upon it; I got a constable immediately; I told him, one of them was mine, and he said, it was not.

Q. Did you tell him you were going for an officer? - A. No, I did not; I went first to my pay-serjeant; when the officer came, he found two shillings and some halfpence, which were taken from him; the officer has got one of them now.

Q. What was the mark upon the shilling? - A. A dent on one side of it, it was quite a plain shilling, I could not discover head or tail upon it. The prisoner is in the same regiment.

Q. Were there any other soldiers in the box at the time? - A. Yes, two or three.

Q. Can you swear that it was his hand that was in your pocket? - A. Yes, I can.

  JOHN BALL sworn. - I am constable of St. Martin's parish: I was sent for to take charge of the prisoner; the prosecutor charged him with picking his pocket, I told the prisoner what the charge was, I searched him, and found two shillings and some halfpence; one of the shillings was picked out immediately, and sworn to by the prosecutor; he said, there was one that he could swear to, that he had seen in his pocket; I have kept it till now; the other was what they call a South-Sea shilling, with

two SS upon it, the prosecutor would not swear to that.

Prisoner's defence. I never touched his pocket; there were several other soldiers in the box at the same time; and he had been with several girls not half an hour before.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

 

167.   CATHERINE HUGHES was indicted for feloniously stealing, on the 24th of January , a swansdown waistcoat, value 2s. and a linen sheet, value 4s. the property of   Charles Cliffe .

  CHARLES CLIFFE sworn. - I keep the  Carved Red-lion, at Islington : On Thursday, the 24th of January, between twelve and one o'clock, I was in the tap-room, and was informed there was a woman in the yard, among the linen, with some things in her apron; I pursued her, and she let them fall; I kept following her, and brought her back to the house; she had not got above twenty yards, she was never out of my sight; I sent for an officer, she was taken to Hatton-garden, and committed; the constable has got the things.(The constable produced the property, which was deposed to by the prosecutor).

Prisoner's defence. I went to the privy, and as I came out, this gentleman laid hold of me; I did not touch any of the property.

GUILTY of stealing to the value of 10d .

Confined six months in the House of Correction , privately whipped, and discharged .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

168.   ROSANNA WILKINSON was indicted for feloniously stealing, on the 24th of January , a leather purse, value 2d. a guinea, a crown piece, seven sixpences, and one shilling , the property of   George Milne .

  GEORGE MILNE sworn. - I keep a  public-house in Norton-falgate : On the 24th of January, my wife missed a purse, I was not at home; when I returned home, the prisoner was in custody; I shall know the purse when I see it, I saw it before the Magistrate, in the hands of Thomas Smith, that was on the Monday following; the prisoner had been servant in the house about two days.

  MARY MILNE sworn. - I lost my purse between the 23d and 24th of January; I had given a gentleman change the evening before, between ten and eleven o'clock, I think it was Wednesday, and to the best of my knowledge, I had not the purse out of my pocket again till I missed it; I had both gold and silver in it; I looked every where that I could think of for it; I asked the girl if she had seen any thing of it; she said, she had not; I begged that she would look every where for it; she told me she had, and could not find it; I then discharged her, and as she was going away, I took her into a parlour, and told her, I must search her; she refused, and said, I should not search her; she said, she was sorry it was lost, and hoped it would be found out who had it; I sent for a constable, and while the constable was gone for, she gave me the purse; she said, she found it upon the tap-room table; she said, she would have given it me before, but there was not so much money in it as I had said, and she was afraid I should think she had stole it; she was then taken to the office; Mr. Smith, my lodger, has got the purse and the money.

Q.Whose purse is it? - A. It is mine; I believed it to be mine when I received it from her; it contained the money mentioned in the indictment.

  THOMAS SMITH sworn. - I saw the prisoner turn her pocket inside out upon the table; she said, there was all she had; I sent for a constable; among the things that she pulled out, was a sixpence marked S. W. her mistress said, this sixpence was in my purse, I can swear to it; she said, I am sure you have got my purse; the mistress cried very much, and she dropped the sixpence; the girl then pulled out something like a night-cap, and undonbled it, and took the purse out of it, she held it to her mistress, and said, here it is; and she took it out of her hand, and gave it to me; I told the money out before them, there was a guinea, a crown piece, six sixpences, and a shilling; the girl that I sent, could not get a constable, and I went myself to the office for one; I have had the purse and the money ever since.

Q.(To Mrs. Milne.) Is there any money amongst it that you can swear to? - A. I did not say I could swear to it; I had that sixpence in my possession, but I cannot say it was in my purse, I had taken it that day. (The purse and money produced).

Q.Did you observe what the letters were? - A. I made some remark upon it, but I cannot tell what now.

Q. Did you say immediately, upon seeing it, that that was your sixpence? - A. I did.

Q. Did you put all the money that you took that day, into your purse? - A. I cannot say that I did; she said she had found the sixpence upon the tap-room floor, and afterwards upon the table, I might have pulled it out with my handkerchief.

Q. Did she say she found the sixpence, or the purse, upon the tap-room table? - A.Both.

Q.Where did you keep your pockets at night?

- A. Under my pillow; the prisoner slept in the same room that night, in another bed, my husband was not at home, I was not disturbed.

Smith. The evening before, I gave Mrs. Milne a crown-piece to change for me, but I did not take particular notice of it.

Prosecutor. I know nothing of the money, the purse I have worn for ten years myself, I know this to be my purse.

Q.(To Mrs. Milne.) Had you ever told this girl how much you had lost? - A. Yes; I told her, I thought there were two guineas and a half in gold, and fifteen or sixteen shillings in silver, I don't know, really, how much there was.

Prisoner's defence. I found the purse under the tap-room table, and gave it to my mistress, with every farthing in it as I found it.

The prisoner called two witnesses, who gave her an excellent character.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

169.   WILLIAM SHEPPARD and   MARY SHANNON were indicted for feloniously stealing, on the 1st of February , a Bank-note, value 10l. another Bank-note, value 10l. another Bank-note, value 5l. and four other Bank-notes, each of the value of 1l. the property of the Rev .   John Hedley .

Rev.   JOHN HEDLEY sworn. - I live at  Belgrave-house, in Five-fields, Pimlico ; I received, on the 1st of February, two Bank ten pound notes, one five, and four ones, and gave them to my wife, as I received them of different persons in the course of the day; I have never seen any of them since, the last that I gave her was between four and five in the afternoon, it was a one pound note.

Mrs.   SARAH HEDLEY sworn. - On the 1st of February, I received from Mr. Hedley, two ten pounds, one five, and four single pound notes, at different times in the day, I received the last of them about a quarter before five in the afternoon; I solded six of them up, and put them into a leather purse; the seventh note, which was the last that I received, I put in single, with cash; I put that into the same side of the purse with the other; I went into the kitchen about five o'clock, as near as I can guess, I was going to send my servant,   Mary Shannon , of an errand, and I could not get at the cash conveniently, without taking the notes out; I took out all the notes and laid them on the end of the kitchen dresser; I gave Mary Shannon half-a crown, I told her what to bring in, I locked the purse, and put it in my pocket, neglecting to take up the notes; I left the kitchen, with nobody there but Mary Shannon, and   William Sheppard , he was placed there at that time, with an execution, it was near six o'clock before I recollected that I had not got my notes; I immediately returned to the kitchen, and found the two prisoners there, the notes were gone; I asked Mary Shannon, if she had seen those papers that I had left upon the dresser, she said, she had not; I asked the man the same question, and he said he had not; I told them, I really had left some Bank-notes there, and I begged them to search their pockets to see if they had not taken them up by mistake, they both emptied their pockets, and declared they had never seen them; Mr. Hedley and myself then searched the kitchen, and we were advised, by a friend, to send for a constable, which we did, and the constable searched him, he is not here; I searched the girl at the same time, but could find no notes; Mr. Hedley told her, she should go to the watch-house, she was sent to the watch-house that night, and the man the next morning, they were both examined before the Justice, in Great Marlborough-street, where they declared their innocence.

Q. Who had been in the kitchen in the mean time, you do not know? - A. I asked them, if any body else had been in the kitchen, and the man immediately said, he had not been out; my sister had been down in the kitchen just before, for a plate of bread and butter, she had asked me, if she should assist the servant in getting the tea, and I had told her to go; I followed her immediately to take some better tea things from the parlour to the kitchen; I had not then missed my purse; I took those things off the tea-board, and placed the others on; Mr. Hedley then came into the kitchen, and asked me for my purse, I gave it to him unopened.

Q. Had you opened it in the mean time? - A. Yes, I had; the prisoner Shannon came to me, and told me, I had given her a French half-crown, I was then in a room where the children were dancing; I went out into a dark passage, and opened my purse to give her another, but I did not then take notice of it, I was engaged with company, that was within a quarter of an hour after I had given her the first half-crown; I afterwards went into the kitchen, Mr. Hedley asked me for my pocket-book, which I gave him unopened, he took it up stairs, and immediately returned, and asked what I had done with the notes, I immediately recollected leaving the notes on the dresser; I then returned to the kitchen, and then it was that the conversation took place with the prisoners, that I have before related.

Q.Had the woman prisoner been out, and brought in the articles for which you had sent her? - A. Yes, she had.

Q. Have you any particular recollection of what part of the dresser you left them on? - A. Yes; the end of the dresser, at the entrance of the kitchen.

Sheppard's defence. I have been employed as a man going into possession; I have been in possession of very large property; I never saw any of the notes, and when I was detained all night, the constable came to me, and after a search was made, they made me pull every thing off but my shirt; he said, I must go to the watch-house; I had only come in the day before; I gave Mr.   Hedley a direction to go to Mr. Clark, the officer that employed me, in Furnival's-Inn-court, in Holborn; Mr. Hedley said, I should sleep there all night, which I did, and I breakfasted there, and a man came from Mr. Clark's to be there in my room.

Q.(To Mr. Hedley.) How long had that man been there? - A. The day before.

Q. He was no acquaintance of your servant's? - A. No.

The prisoner, Shannon, put in a written defence, which was read, as follows:

Your petitioner lived five months servant to Mrs. Hedley, in Belgrave-place, and during that period received the approbation of her employer, never having had the smallest reflection upon her character, till through some misfortune, which your humble petitioner knew not, an execution took place, and the proper officer was put in possession; the next evening Mrs. Hedley came into the kitchen, the officer sitting there, and taking out her pocket-book gave your petitioner a French half-crown for some butter, which the shop-keeper refusing, I brought it back and gave it my mistress, who was then up stairs; I went up stairs, and received another, in the dark, out of the same pocket-book, from my mistress, I then went again to the shop; soon after my mistress's sister came down to help get the tea; soon after that, Mrs. Hedley came down, and said, she was ruined, and she desired me to turn out my pockets; she said, she had left upon the dresser, although it must be observed she had taken the same pocket-book out up stairs in the dark; I submitted to be searched, and nothing was found upon me; the officer next underwent the same, and they would have hurried the officer out of the house, perhaps for a private purpose, but he refused till another man came in his room; I was removed to Mount-street watch-house, where I was again searched, notwithstanding there was no woman there, and your petitioner's prayers and entreaties to the contrary, representing the cruelty and indelicacy of the action, I was stripped even to my linen before Mr. Hedley, and nothing found upon me; your petitioner now stands trembling before this august tribunal, and begs your Lordship will weigh her case with benevolence and humanity, and consider whether Mr. Hedley would suffer an execution to be put into his house having near thirty pounds in his wife's pocket, when his credit must suffer, and his new instituted school be ruined without appropriating it to that purpose; I had a good recommendation for a character to my place, I declare my innocence, and humbly intreat that your Lordship's benevolence will discover, that through the whole of her unhappy case, she is perfectly innocent of the present charge.

Both NOT GUILTY .

Tried by the second Middlesex Jury, before

Mr.   Baron THOMPSON .

 

170.   HENRY GRIFFITH was indicted for feloniously stealing, on the 5th of February , a wooden box, value 2s. two cloth coats, value 40s. a velveteen coat, value 30s. a seal-skin waistcoat, value 15s. two linen shirts, value 7s. a pair of leather shoes, value 2s. two horse-whips, value 5s. five pair of cotton stockings, value 5s. five pair of worsted stockings, value 5s. a wooden bowl with a silver rim, value 2s. two pair of velveteen breeches, value 10s. and a pair of cloth breeches, value 2s. the property of   Samuel Williams .

  SAMUEL WILLIAMS sworn. - I live at Uxbridge, I am foreman to Mr. Osborne's coal-wharf : On Monday, the 5th of this month, I packed up a box, containing the things mentioned in the indictment, to go by the waggon; the goods were packed up by my wife and sister, and I nailed up the box at Uxbridge; I received them from a man of the name of Jones, a brother-in-law of mine, some time since Christmas, they were to be kept by me till they were sent for; I know what most of the things were: there was a velveteen coat, a black coat, and another coat that I don't know the colour or; ten or a dozen waistcoats, a seal-skin one among them; two shirts, a pair of shoes, and ten or a dozen pair of stockings, a bowl with a silver tip, like a sugar-bowl; three pair of breeches, two pair velveteen, and one black; I fastened up the box on Sunday the 4th of February; I took it on my back and put it into Mr. Harland's waggon, which stood just by my door, he goes from Ux-bridge to London; it was directed for   Robert Williams , grocer, Chester; it was to go from London by the coach, the waggoner's name is James Harris; I saw the box again at Bow-street the next day; I shall know the things when they are produced; I wrote the direction upon the box.

JAMES HARRIS sworn. - I drive Mr. Harland's waggon: On Monday, the 5th of this month, I received the box at my master's house; I came into London about five o'clock, it was then dusk; I un

loaded fifteen sacks of flour in King-street, Seven-dials, the box was put in the front of the waggon; I set off from there to go to Russell-street Covent-garden, and going out of  Long-acre, at the top of Bow-street , I saw a man go away from the hinder part of the waggon with a box, I went after him, and caught hold of him, he was going up Hart-street; I told him, I believed he had stole that box out of my waggon; he said, no, he had not, he believed it fell out; a gentleman, on the other side of the way, told me to hold him fast; the gentleman then came up, and caught hold of him by the other side, and took him to a house; we took the box along with us, it is here; it was delivered to me last night by the officer, he is not here.

Q.Could it have fell out of the waggon? - A.No; it was so placed that it could not, without somebody had moved it.

Cross-examined by Mr. Matthews. Q. Where was this box placed? - A.Upon the fore-part of the waggon, at the top of the flour; I had put it there in the morning.

Q.Had not you moved it when you got it to King-street? - A. No, I had not.

Q. You had come a considerable distance over the stones, had you not? - A. Yes.

Q. How many horses had you to your waggon? - A.Eight.

Q. And you were by the side of your horses, driving? - A. Yes.

Q. It was very dark at the time, was it not? - A. Not very dark, nor very light.

Q. What time was it? - A. About seven o'clock.

Q. It was possible it might have been shook out of the waggon, you having come a considerable distance over the stones? - A. I saw that box very safe in King-street; it was put so that it could not shake out.

Court. Q. How is the tail of your waggon secured? - A. By what we call a crutch, put up behind.

Court. Q. Would that prevent the box from tumbling out? - A. Yes, it would.

Court. Q. Was it a tilted waggon? - A. Yes.

- LEVERTON sworn. - On the 5th of February, about seven o'clock in the evening, I was walking through Broad-court, at the west end, joining to Bow-street, and a waggon was passing by at that instant, I saw the prisoner close to the tail of the waggon falling, with the box, either upon his head or shoulder; it did not occur to me that he had stole the box at that time, I supposed he might be some porter who had taken an opportuity of resting his box on the waggon a little; seeing him in that situation, I stopped in the middle of the street, and expressed my fears that he was hurt, as he had had a desperate fall, he was then lying upon the ground; he said he was not hurt, and immediately took the box upon his shoulder, he was going away with it up Hart-street, and immediately opposite the office-door belonging to the Theatre, the waggoner ran up to him, caught him by the collar, and said, you have stolen this box from my waggon; in consequence of the man making that declaration, I helped to detain him; the prisoner made great resistance, so much so, that his coat was nearly torn off; he said, he had found the box, and had not stole it; I insisted upon taking him into the office of the Theatre, when a constable was sent for from Bow-street, and he was taken there; when the waggoner gave the same evidence that your Lordship has heard this morning, and he was committed. (The box produced).

Williams. This is the box, the direction upon it is in my own hand-writing; this bowl with a silver top, I remember very well; and this blue coat and waistcoat, and breeches, and the velveteen breeches, two shirts, velveteen coat, seal-skin waistcoat, and two whips; I am sure they are they same.

Prisoner's defence. My Lord, and Gentlemen of the Jury, My Counsel, I understand, is not here, or has not exerted himself, in defending me with respect to the charge laid against me.

Court. You do yourself no credit by that observation, your Counsel has done all that could be done for you.

Prisoner. My Counsel has so far defended me I trust, as fully to satisfy your Lordship and this honourable Court, that I am innocent of the charge of felony; I do not pretend to say, contrary to truth, that I did not see the box, God forbid! I was coming down Broad-court that evening, on my way to St. James's market; I saw the box laying upon the causeway, and I took it up, as any innocent man might have done; my intention was no other than to take it to an adjacent house, and there advertize it for an owner.

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

GUILTY (Aged 37).

Transported for seven years .

Tried by the second Middlesex Jury, before

Mr. Baron THOMPSON.

 

171.   JOHN WOODEY and   WILLIAM CATLING were indicted for feloniously stealing, on the 16th of January , 300 bricks, value 3s. the property of   Samuel Scott , Esq .(The case was opened by Mr. Matthews.)

  SAMUEL SIMS sworn. - I am a patrol: In consequence of information that Mr. Scott had lost a great number of bricks, I was employed, with   John Glover , to watch in the brick-field; on the

16th of January, and about five o'clock in the morning, I was about twenty yards before Glover, I heard a noise, like the breaking of bricks; there is a bar that opens for the carts to go into the field; I placed myself directly opposite the bar, and in a few minutes I heard the noise of jack-asses coming down the field; I heard somebody cry out, what's o'clock, but no answer was made; I then perceived the asses coming out of the field loaded, the prisoners at the bar were driving them; I walked alongside of them about one hundred and fifty yards; I first laid hold of Woodey, and Glover came up and laid hold of Catling; on examining the asses, I found them very heavy laden with broken bricks, quite dry, for the purpose of making brick-dust; we then took them to the watch-house.

  JOHN GLOVER sworn. - I am a patrol: I was in company with the last witness; I know no more than he does.

  THOMAS MARLOW sworn. - I look after Mr. Scott's brick-fields: I was called up on the 16th of January, and I went into my master's brick-fields, where I had put up the bricks all safe the night before; in the night there had been some rain, and I traced the asses feet round to where the bricks were taken from; I missed a great many dry bricks, three or four hundred at least, I cannot pretend to to say how many; Sims shewed me the bricks that were taken from the prisoners, and they were about the same number. They are worth about two shillings per hundred; they spoiled as many as they took away; they threw away the wet ones, and took the dry ones.

Prisoner Woodey's defence. We were going to look for work, and we saw this rubbish thrown into the main road, and we thought we might as well take some of that; it was thrown there to mend the roads with, and the asses run into the field after they were loaded.

The prisoner, Catling, called   Charles Drew , who had known him seven years, and gave him a good character.

Catling, GUILTY (Aged 21).

Woodey, GUILTY (Aged 19).

Of stealing to the value of 10d.

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

Tried by the second Middlesex Jury, before

Mr. Justice ASHHURST.

 

172.   JOHN YOUNG was indicted for feloniously stealing, on the 6th of February , a wooden box, value 1s. a woollen great coat, value 19s. a muslin gown, value 8s. a cotton gown, value 4s. a dimity petticoat, value 4s. two cotton shawls, value 3s. a muslin handkerchief, value 2s. and two pair of cotton stockings, value 3s. the property of   William Crockford .

  William Crockford , the prosecutor, was called upon his recognizance, but not appearing, and there being no witness to prove the property, the Jury found the prisoner

NOT GUILTY .

Tried by the second Middlesex Jury, before

Mr. Justice ROOKE.

 

173.   JOHN WILLIAMS was indicted for feloniously stealing, on the 22d of January , 80lb. weight of cheese, value 40s. the property of   Joseph Peacock , privately, in his shop .

  JOSEPH PEACOCK sworn. - I am a cheesemonger , at  Ratcliffe-cross : On the 22d of January I lost two cheeses out of my shop; I was not at home at the time; I had left them in the shop, about three yards from the shop door, with some more cheeses; when I returned home at night, my wife told me the cheeses were gone.

Q. Is your wife here? - A. No. The next day the watchman, Downes, brought me down one of the cheeses; it was a cheese that had a crack in it.

- DOWNES sworn. - I am a watchman; I stopped the prisoner and another with the cheese. at the corner of Rupert-square, Leman-street, they were both covering the cheese with a pair of breeches; I went to lay hold of them, and the one that had the cheese ran away, and immediately dropped it; I stopped the prisoner, and he said he knew nothing of it.

Q. How far is this place from Mr. Peacock's? - A. He lives at Ratcliffe, I dare say a mile off; a man that is here picked up the cheese, it is cut in two halves.

Prisoner. Q. Did not I come up and offer to assist you, and ask what was the matter? - A. Yes; when I stopped him, he said he was come up to assist me; there were six or seven of them altogether; one of them was a good smart young man, bigger than what I am myself.

  THOMAS NOADES sworn. - I keep a cobler's-stall, at the corner of Leman-street: On the 22d of January I got out of my stall, to take a pair of boots home, and saw half a cheese lying directly opposite the stall, not two yards from me; I turned about, and saw a little pair of breeches lie, I picked them up, and found them very heavy, and in them I found the half of another cheese, and about five doors farther I saw the watchman had got hold of the prisoner. (The cheese produced).

Downes. I never lost sight of the prisoner after I saw him covering the cheese.

Peacock. I know this to be my cheese, from the mark of the person I had it of, B.H. and my own mark besides, P.; I had not sold one of that kind of cheese for a month before; I had no other cheese that was cracked in this kind of way; I had forty or fifty of them, some of them I have had three months; the Cheshire cheese, which was the

largest cheese I had, laid on the top of this; the Cheshire cheese has never been found; I dare say it weighed 90lb.

Prisoner's defence. I had been to Wellclose-square, to get some steel to make tools for my brother, who is an ivory-turner; it being near ten o'clock, the shop was shut up; and coming up, I heard a noise, and I heard a man call out, and I ran up, and asked him what was the matter, and whether he wanted any assistance; a man came up, that was in liquor, and said, take him to the watch-house, and the watchman stood looking at me a long while, before he would take me to the watch-house; I asked the man what I should be taken to the watch-house for? and he said, he dared to say I was one of the gang; I went with him to the watch-house, and sat there till almost eleven o'clock, and the man brought the cheese up.

For the Prisoner.

  ISAAC WILLIAMS sworn. - The prisoner is my brother; I am just out of my time, and I sent him for some steel to make me some tools; he is about sixteen; he has been errand-boy at several places, but was never put apprentice.

NOT GUILTY .

Tried by the second Middlesex Jury, before

Mr. Baron THOMPSON.

 

174.   ROBERT YOUNG was indicted for feloniously stealing, on the 9th of January , a leather trunk, value 5s. a metal watch, value 40s. a base-metal key, value 1d. a muslin handkerchief, value 2s. four muslin caps, value 10s. two silk handkerchiefs, value 10s. fourteen yards of lace, value 14s. a leather pocket-book, value 1s. a gold ring, value 4s. and four guineas , the property of   Margaret Simmonds .

The case was opened by Mr. Const.

  MARGARET SIMMONDS sworn. - I am nursery-maid to Mr. Nepean, of the Admiralty: On the 9th of January I came by the Hounslow stage, about a quarter past nine, to the  Yorkshire-grey, in Piccadilly ; I took a bundle and a trunk from the stage to a hackney-coach; the prisoner at the bar opened the coach door; I am sure he is the man; I gave him the trunk and the bundle, and a pair of pattens into his hand, I saw him put them into the coach; I returned back to the stage, for the other trunk, with another man, who brought the other box from the stage, and put it into the hackney-coach; when I returned back to the hackney-coach, the prisoner was gone, and the trunk.

Q.How long were you gone? - A.About three or four minutes; the prisoner was found up among the hackney-coaches; he said there was another coach called, and he went to attend that; he said he had put the trunk into the coach, and he knew nothing of it; I said, I would have him taken up, and then he went away among the hackney coaches again, where he was found again.

Q. What did your box contain? - A.Four guineas, a metal watch that cost four guineas, a gold ring that cost six shillings and sixpence, and the rest was wearing apparrel, worth about two guineas and a half; I have never seen any of my things again.

Q. Are you sure you left the prisoner in charge of them? - A. Yes; I desired him to attend the coach while I went with another man to the stage.

Prisoner's defence. A man came up to me with another trunk, and said, it was a woman that could not afford to give any thing, that had employed him to bring the luggage, and as I was called to another job, I might as well let him get what there was; she said, very well; and then I went into the rank of coaches about my business again; I attend the coaches as a waterman, to put the bags on, and give the horses water; somebody came up, and said, a trunk was gone out of the coach; I came down, and told her I did not know any thing of it, I had put it in, and left it there; I went into the rank again, and I was fetched back again; I resigned myself up, and went to the watch-house, as I knew myself innocent of it.

Q.(To Mrs. Simmons.) Were you so near the second man that brought the second trunk; that if the prisoner had spoke to him, or he to the prisoner, you must have heard it? - A. I was close to him, the prisoner was then gone.

Prisoner. When I was at the first examination, she said, she would settle it with me for twelve pounds, and afterwards, at the second examination, she said, she would not settle it under fourteen guineas.

Court. (To Mrs. Simmons.) Q. Is that so? - A. No; I always said, fourteen guineas.

GUILTY (Aged 30).

Transported for seven years .

Tried by the second Middlesex Jury, before

Mr. Justice ASHHURST.

 

175.   MARY JENKINS ,   JAMES AUSTIN , and   MARGARET MORRICE , were indicted for feloniously stealing, on the 30th of January , a black silk handkerchief, value 1s. a white cambric handkerchief, value 2s. a pair of shoes, value 3s. a pair of cotton stockings, value 2s. a half-crown, a half-guinea, and five shillings and sixpence , the property of   Joseph Holland .

  JOSEPH HOLLAND sworn. - I am a soldier in the first regiment of Guards: I was robbed on Tuesday, the 30th of January, about half past twelve o'clock; on the Monday night I was rather in liquor, and I called for a lodging in  Cross-lane, St. Giles's , the bottom of King-street, I agreed to give a wo

man two shillings for a bed, the woman was in the room I gave the two shillings to; when I fastened the door, I undressed myself, and the last thing I pulled off, was my breeches; I counted my money the last thing before I got into bed, I had half-a-guinea in gold, five shillings in shillings, half-a-crown and a sixpence; I wrapped the half-guinea up in a piece of paper, the half-guinea was taken out of my pocket, and the paper left in; Mary Jenkins was the person that dragged the breeches from under my head.

Court. Q.When was it you first missed it? - A.I had been asleep, it was in the morning when they robbed me, about half past twelve o'clock.

Court. Q. What time was it you went to this house? - A. I went about a quarter before eight o'clock, I made the discovery about half past twelve o'clock; I first saw Mary Jenkins drag the breeches from under my head, she went round the bed side with them, carried them in her left hand, and put her hand into the pocket, and delivered the money that she took out, to   Margaret Morrice ; I saw her put her hand into the pocket, then she threw the breeches down close to Austin's feet, and she struck me several times with her clenched fist, while I was in the bed; she dragged all the clothes off me; and said, get up, you b-y b-r, or I will beat your b-y head off, you have no business here; then she and Margaret Morrice flew out of the room directly, and went into the other room.

Court. Q. What did they do with the breeches? - A. The breeches were thrown down as soon as she delivered the money to   Margaret Morrice ;   James Austin told me to get up, and turn out, and if you don't, says he, I will cut your b-y head open; I got up immediately, and James Austin went out of the room to the two women in the other room, he tried to pull the door to, but I put my hand to the door, so that he might not shut it; the watchman was going by, and I called out, murder! the watchman immediately came up, and Austin tried to run down stairs, but could not, and came into my room again; I gave charge to the watchman of him immediately; then I shewed him the two women, and he took charge of the women likewise.

Court. Q. Did they leave any money in the pocket? - A. No; I lost every farthing; they took all I had; I have never seen a farthing of it since; I lost two handkerchiefs, a pair of shoes, and a pair of stockings; I think one of the handkerchiefs was cambric, and a black silk handkerchief, and the shoes I pulled off, and a pair of ribbed cotton stockings.

Court. Q.Are you able to speak to them again? - A. I am.

Court. Q.The woman you gave the two shillings to, was she there before? - A. She was to go to bed, I was very much in liquor, as soon as I went to bed, I fell asleep.

Court. Q. Had you been in any other woman's company besides, that evening? - A. I had not.

Court. Had you recovered yourself, when you found you had been robbed? - A. Yes, I had.

  ROBERT HAGGER sworn. - I am a watchman, I was calling half past twelve o'clock; I heard watch called, I immediately stopped and went up stairs, it was in Cross-lane, the bottom of King-street, I went up stairs, and I saw this soldier without his small-clothes, he immediately gave me charge of this sailor,   James Austin , for robbing him, and going to murder him; he told me, there were two women also that robbed him, in the other room, I desired him to stop a bit, and I went down stairs and sprung my rattle, and got another watchman to help me; we carried them to the watch-house, the constable of the night discharged James Austin, and Margaret Morrice, and kept Jenkins confined; I went back and searched the bed, I found two handkerchiefs, a black handkerchief, and a white one, in the room where the women were; then James Austin came back into the same room, I asked him, who those two handkerchiefs belonged to, he said, he did not know who the white handkerchief belonged to, but the black one was his own, and he wrapped it up, and put it into his pocket; when the soldier came back, he was in a very bad situation, I told him about the handkerchiefs, and he said, they were his, and he would have   James Austin , and   Margaret Morrice taken back again to the watch-house, and I took them to the watch-house.

Court. Q.(To Holland.) Can you safely swear to that silk handkerchief? - A. Yes; I can swear to it, there being little holes in it, they came by sparks from the fire-working, smith's-work.

Q.What do you say to the white handkerchief? - A.That has been darned up in several places.

Q.Is your name upon it? - A. No.

Q.Is there any thing by which you can swear to it? - A. It is marked with red wine in several places, and it has been darned up in many places.

Prisoner Jenkins's defence. I live two or three doors from   Margaret Morrice ; she came to me, and asked me, if I would go up stairs and give her a light, there were two doors joining together; I saw this soldier, and two women, I took no notice of either,   Margaret Morrice laid down upon the bed, she was in liquor;   James Austin came to me, and as I was going into the room, this man jumped up, and said, we were the people that robbed him, but he said, at the watch-house, we were not the two women that were in the room.

Prisoner Morrice's defence. Between seven and eight o'clock I had been drinking, and I went to

  Mary Jenkins , and asked her, if she would give me a light, and when I went up stairs, there was this soldier, and two girls drinking; I laid down upon the bed, and when I awoke the soldier came and said, we had robbed him.

Prisoner Austin's defence. I belonged to the Dover West-Indiaman, I came from my ship without any money; I had known Margaret Morrice before; I went up stairs to her, there are two rooms joining to each other; I saw this soldier in bed, I said, you had better get up, but he charged me with having robbed him, we were taken to the watch-house and discharged; when I returned back, there was a watchman searching the place, and I took off the bed to let him look; he asked me, if this black handkerchief belonged to me, I was took to the watch-house, and there kept.

Mary Jenkins, NOT GUILTY .

  James Austin , NOT GUILTY .

Margaret Morrice, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

 

176.   PHILIP BRAMLEY was indicted for feloniously stealing, on the 14th of February , 6lbs. of raw coffee, value 5s. the property of  John Kymer ,  John Mactagot ,  Caleb Marshall ,  Benjamin Gray ,  William Chandler , and  Benjamin Lyne .

Second Count. Laying it to be the property of   John Kymer ,   John Mactagot ,   Caleb Marshall , and   Benjamin Gray .

Third Count. Laying it to be the property of certain persons unknown.(The case was opened by Mr. Knowlys.

  GEORGE PARKER sworn. - I am in the employ of the Excise, I was at Messrs. Kymer and Co's warehouse; on the 14th of February last, the prisoner was employed as a cooper to hoop and unhoop the casks as they might be wanted, the warehouses contained raw coffee, and cocoa-nuts; between ten and eleven o'clock in the morning, the prisoner came down stairs, and said, he was going to work at my old warehouse, that is, a warehouse in Elbow-lane, that I had been at before; I rubbed him down, as is customary, and found he had coffee in his breeches, or something, which I desired him to turn out, I took him into a room, and he unbuttoned the knees of his breeches to let it run out, but he said, he would go back to the place he had it from; I insisted upon his letting me see what it was, and then he let it run out at both knees of his breeches, there is about six pounds of it. (Produces it.)

Cross-examined by Mr. Knapp. Q.What are you? - A.An excise-locker, and have been so for two years.

Q. Are there any perquisites belonging to the persons using the warehouses? - A. I never knew of any.

Q. Are not the droppings from the casks perquisites? - A. No; they are swept together, and cleaned for the use of the warehouse-keeper.

  JOHN LESLIE sworn. - I am clerk to Messrs. John Kymer, John Mactagot, Caleb Marshall, and Benjamin Gray, they are answerable for this coffee.

Prisoner's defence. I am a foreigner; I found this coffee scattered upon the floor, and I thought, as I had a large family, and I did not know that it belonged to any body, I might as well have some.

The prisoner called three witnesses, who gave him an excellent character.

Parker. The prisoner had been employed in those warehouses some years before I came there.

GUILTY , on the Second Count.

Publicly whipped, as near to the warehouse as possible .

Tried by the London Jury, before Mr. RECORDER.

 

177.   CHARLES FREWIN ,   GEORGE BOWERS ,   WILLIAM EATON , and   CATHERINE PHILLIPS , were indicted, the first three for breaking and entering the dwelling-house of   John Burford , about the hour of one in the night of the 17th of December , the said John, and others of his family, being therein, with intent the goods of the said John burglariously to steal, and stealing five cloth coats, value 5l. a cloth great coat, value 40s. a man's hat, value 10s. six muslin neck handkerchiefs, value 12s. six pair of silk stockings, value 12s. two calico pocket-handkerchiefs, value 4s. two pair of silver spurs, value 21s. two volumes, bound, in octavo, of Smollett's works, value 2s. a muslin neck-handkerchief, value 1s. 6d. a silk handkerchief, value 2s. a calico pocket-handkerchief, value 14d. and a pair of steel scissars, value 6d. the property of the said John Burford ; and Catherine Phillips, for receiving part of the same goods knowing them to have been stolen .

The case was opened by Mr. Gurney.

  JOHN BURFORD sworn. - Examined by Mr. Gurney. I am a clerk in the India-House , I live at No.  2, Artillery-place , there is a garden at the back of my house which is separated from the Artillery-ground by a wall: On the 17th of December, I went to bed about twelve o'clock; about eight in the morning I got up, and found the kitchen window-shutters had been cut by a centre-bit, and the bell broke.

Q. Was the shutter sufficiently broke to admit any person in? - A. Yes, after the bar was removed; the bolts of the kitchen door were forced, and the door opened.

Q.Have you lost the property that you have laid in this indictment? - A. I certainly have.

Q.Do you remember to have lost a blue coat? - A. Yes, it was taken out of my wardrobe; two volumes of Smollett's works, and a silk handkerchief.

Q. Have you seen any of your property since? - A. Yes, at Bow-street.

Cross-examined by Mr. Alley. Q. On the morning of the 18th, you discovered the robbery about eight o'clock? - A. Yes.

Q.You know nothing, of your own knowledge, of what passed in the night? - A. No.

Q.Does any body live in the house with you? - A. Yes, my own family.

Q. Did your servants sleep there that night? - A. Yes.

Q. The bell was broke, I take it for granted; there would have been some alarm if any degree of violence had been used? - A. I did not hear any alarm.

  ALEXANDER WIFFIN sworn. - I am footman to Mr. Burford: I fastened the back kitchen window the night of the robbery, it was fastened by a bar and a bell, I fastened it between the hours of twelve and one; I went to bed as soon as I had fastened it up.

Q.What time did you come down in the morning? - A. Not till eight o'clock in the morning; it was then day-light.

  ELIZABETH TRUMAN sworn. - Examined by Mr. Gurney. I am cook to Mr. Burford: On the morning of the 18th, I got up between seven and eight -

Q. Was it day-light? - A. It was a little daylight.

Q. Was there light sufficient to see the countenance of a man? - A. Yes; when I came down, I found all the doors open, and then I went and called my fellow servants.

Q.How long had it been day-light before you came down stairs? - A. I think about a quarter of an hour.

Q.Tell us if there was any extraordinary appearance that struck you? - A. I found all the drawers open, and all the things lying about the floor; I found a piece of candle wrapped up in an apron, and a great many drops of candle in the drawing-room, and in different rooms, and all the way up stairs.

Q. In what room? - A. The drawing-room, and the two parlours; and the dressing-room, and the bed-room where two children slept.

  JOHN COCKAYNE sworn. - Examined by Mr. Gurney. I belong to the Public-office, Bow-street: I went along with   John Gibbs and   Peter Perry to the Tower, on the 1st of January, where we apprehended   George Bowers and Charles Frewin; we then went to Saltpetre-bank, where they live, and there we found the property now produced; there are three rooms in the house, one upon a floor; on the ground-floor we found a bundle containing two counterpanes, three cloaks, and other articles now in Court. (Produces them).

  JOHN HEARNE sworn. - Examined by Mr. Gurney. I live at Saltpetre-bank, I am a bricklayer: I know the two prisoners, Frewin and Bowers: I let George Bowers a whole house, at three shillings and three-pence a week, and Frewin lived with him, Bowers paid me the rent; Frewin had the one pair of stairs, and Bowers told me that he lived in the first floor, and slept in the garret.

Q. Was Frewin ever with Bowers when he told you which rooms they separately occupied? - A. Yes, he was, more than once or twice; there is no number to the house, it is at the corner of a court.

Cross-examined by Mr. Alley. Q. How long is it since you let this house to this man? - A. It might be four months back.

Q. They are both soldiers you know? - A. Yes.

Q. You know they were on duty at the Tower, when they were taken into custody? - A. Yes.

Q. You do not mean to say, of your own knowledge, that they have occupied that house lately, before that time? - A. I saw him knock at the door about five in the morning, and saw him go in.

Q. Do you mean to say that Frewin was with Bowers, when he told you? - A. Yes; I told him he had better not have the house, as he would have to pay something more than he had done before, and he told me he had got a comrade that would have his first floor; Frewin was with him at that time, and he has said that several times in the presence of Frewin; Frewin desired, after he was in custody, that I would let his brother-in-law have his things, I went to the house, and I found in a box, in Frewin's apartment, this horse-pistol, (producing it;) afterwards, Bowers's wife wished to have her property; I took a stove out of the fire-place, but did not pull down the hob; I went to let the house a few days after, and in pulling down the hob, I found these keys all pushed underneath, (producing a parcel of picklock keys;) this was in Bowers's apartment.

Mr. Alley. Q. This was some time after the prisoners had left the house? - A. Yes; some days after they were taken.

Cockayne called again. - Examined by Mr. Gurney. Q. Can you tell us, first of all, what you found on the ground-floor? - A. The first thing was a bundle, tied up in a black apron, it contained two counterpanes, three cloaks, and other articles now in Court, (produces them;) I found this dark-lanthorn

in the cupboard, a tinder-box, a centre-bit, and the stock; I found the bit in the lower-room, and the stock in the garret; this cutlass I found in Bowers's room, and three hats, there is only one of them here; Gibbs and Perry searched Frewin's room, on the 1st of February; I apprehended Eaton and Phillips, at No. 4, White-street, Little Moorfields, in the front parlour, they were both in bed; the first thing I found in his room was a pair of boots, and in one of the boots was a crow about twelve inches long; I likewise found this waistcoat, with a knife, and some matches, and in the other pocket, a gimblet; I found there also, a white pocket handkerchief, a silk handkerchief, a neck handkerchief, and a pair of scissars, and in Eaton's drawers, which he said he had given four guineas for, I found this duplicate of a table-cloth, and a neck handkerchief, the pawnbroker is here.

Cross-examined by Mr. Alley. Q. It was a month after the apprehension of Bowers and Frewin, before you apprehended the other two prisoners? - A. Yes.

Q.They had two or three examinations, had not they? - A. Yes.

Q. And it was a matter very public? - A. Yes, it was.

  JOHN GIBBS sworn. - Examined by Mr. Gurney. I am an officer of Bow-street; I was with the last witness at Bowers and Frewin's.

Q. Did you search the first-floor? - A. Yes; I found two books, two volumes of Smollett's works, a blue coat, two pair of stockings, and a silk handkerchief.

Q.(To Mrs. Burford.) Look at these two books? - A. These are the first and sixth volumes; I have brought the second with me, they correspond exactly in the binding, they are the two volumes that I lost.

Q. Look at that blue coat? - A. I believe this to be mine; the lining of the right-hand pocket is wore more than the other, by the wearing of a snuff-box, the linings have been taken out of the sleeves, or I could have proved it with more certainty, because I always have, to all my coats, a piece of silk at the bottom of the sleeve; I lost stockings of this pattern, but the mark is taken out, this pocket handkerchief I cannot swear positively to.

Mrs.   LUCY BURFORD sworn. - Examined by Mr. Gurney. I am the wife of Mr. Burford.

Q.Observe the corner of that handkerchief where there has been a mark, and see if there is sufficient remaining for you to speak to it? - A. I am not certain, I lost two such handkerchiefs.

Q. Look at the stockings? - A. I lost several pair of stockings, here is upon one of these a letter B, from which I believe them to be my husband's.

Q. Have you, in your pocket, a fellow stocking to that? - A. I have, (produces it;) they correspond.

Q. Be so good as look at that neck handkerchief that was found in Frewin's room? - A. I will not pretend to swear to it, but I verily believe that to be Mr. Burford's.

Mr. Gurney. Now we will go to Bowers's room.

Q.(To Mr. Burford.) Did you lose a hat? - A. Yes.

Q. The hat you lost had a lining to it? - A. Yes.

Q. This has not, see if there is any name in it? - A. There is my name in the side of the crown; I bought it of Mr. Settree, in the Strand.

  JOHN GENT sworn. - Examined by Mr. Gurney. I live with Mr. Settree.

Q. Look at that hat, do you know it? - A. Yes; there is my private mark in it; I saw Mr. Settree write Mr. Burford's name in it, I carried it home myself to Mr. Burford's last June.

Q.(To Mrs. Burford.) Are there any of these handkerchiefs that you can speak to? - A. I can speak to all of them; I am certain they are mine, the silk handkerchief, a white handkerchief with a red border, the neck handkerchief, the names have been picked out; this silk handkerchief I believe to me mine, I have others of the same sort; the neck handkerchief I can swear to, it has a darn of my own.

Q. The pocket handkerchief with a red border? - A. I have one in my pocket exactly the same,(produces it;) which has the mark of J B upon it, and it corresponds exactly with this handkerchief.

Q. Look at the scissars? - A. They have been in use a great length of time, in constant use for ten years, and I firmly believe them to be mine.

  WILLIAM SMITH sworn. - Examined by Mr. Gurney. I am servant to Mr. Parker, a pawnbroker, the corner of Wood-street.

Q.Look at that duplicate? - A.It is my writing, I took in a table cloth and a silk handkerchief, to the best of my knowledge, from the prisoner Phillips, on the 26th of January, I had seen her several times before, (produces a table-cloth;) I delivered the silk handkerchief to Cockayne.

Q. Have you any doubt that it was the prisoner? - A. I have none.

Q. In what name did she pawn them? - A. In the name of Phillips, the table-cloth is not claimed.

Cockayne. This is the handkerchief that I received from Smith.

Mr. Gurney. (To Cockayne.) Q. Do you know what these keys are? - A. They are false keys, to get into people's apartments.

Mrs. Burford. - Cross-examined by Mr. Alley. Q. On these handkerchiefs there are no marks, except one darn? - A.There are not.

Q. Ladies darn very much alike, do they not? - A.Not always.

Q. Will you, knowing that the life of one of these men depends upon your swearing to that darn, will you swear to its being your darning? - A. I would not swear to a thing that I was not certain of.

Q. But knowing the possibility of being mistaken in so trifling a circumstance, will you undertake to swear that this is your darn? - A. I have no doubt of it.

Q. As to these scissars, they are such as may be bought in any shop in London? - A. I have had them in constant use for ten years.

Q. Will you swear that that handkerchief with the darn in it is worth one shilling? - A.It is not worth a great deal.

Mr. Gurney. Q.What do you think it is worth? - A. I think it is worth 1s. 6d. or 2s.

The prisoner Frewin left his defence to his Counsel.

Bowers's defence. On New-Year's day, about six o'clock in the morning, as we were going to our duty, we picked up a large bundle by the Towerditch, and we had not time to look to see what was in it, we took it home, and went back to our duty at the Tower, and when we came to the Tower, we were apprehended and taken to Bow-street.

Ealon's defence. I am quite innocent of the charge that is laid against me, I was taken out of bed, and carried to prison, and from there to Bow-street.

Phillips's defence. Eaton had had these things before I went to live with him, and I pawned them as his property.

For Eaton.

  JOSEPH DEAVES sworn. - Examined by Mr. Alley. I am a carpenter, No. 4, White-street.

Q. Do you know the prisoner Eaton? - A. Yes; he lodged with me when he was apprehended; the woman prisoner lived with him as his wife.

Q. Do you recollect how long he has lodged in your house? - A. Some time in the month of December.

Q. What time do you generally shut your doors at night? - A.About ten at night; I never knew him to my knowledge out of my house but once, after ten o'clock at night.

Q. When was that time? - A. Some time in the Christmas time, I cannot recollect exactly, I know him to be a very honest man, and Catherine Phillips is very honest too.

Cross-examined by Mr. Gurney. Q. What part of December did he come to lodge with you? - A. The beginning.

Q. Where did Eaton and Phillips sleep? - A. In the front parlour.

Q. Where did you sleep? - A. In the back parlour.

Q. I need not ask which is the nighest to the front door? - A. The front parlour; if any body was to open the door I should hear it; I generally wake if a noise is made.

Q. But if the door was opened without making a noise, it would not wake you? - A. If it was a very little noise, I should hear it.

Q. Do you mean to swear, that in no night in December, your door was opened after ten o'clock, but that one? - A. Yes.

Q.Was that night before or after Christmas? - A.After.

Q. Are you sure of that? - A. Yes.

Q.How far is Mr. Burford's house from your's? - A. About four hundred yards.

Court. Q. What is Eaton? - A. A smith.

Q. What time did he usually go out? - A. I go out generally about six o'clock, and I find the door open generally.

Q.Did you hear the door open? - A. Yes.

Q. Where did he work? - A. I heard that he had a shop in Wyeh-street.

Q.How far is that from you? - A. A long way, I suppose it is a mile from me.

The prisoner, Eaton, called three other witnesses, and Frewin three witnesses, who gave them a good character.

Frewin, GUILTY Death . (Aged 26.)

Bowers, GUILTY Death . (Aged 23.)

Eaton, NOT GUILTY .

Phillips, NOT GUILTY .

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

 

178.   THOMAS BEST was indicted for feloniniously stealing, on the 16th January , four quartern loaves of wheaten bread, value 2s. the property of   Jane Baker .

  JAMES LEWIS sworn. - I am a baker, journeyman to Mrs. Jane Baker: On Tuesday, the 16th of January, I pitched my basket at the corner of  Fleet-market, Holborn-bridge ; I was gone from my basket about four minutes; when I came back to my basket, I found the prisoner with four quartern loaves in his arms; I asked him what business he had with that bread, he begged my pardon, and said he thought it was his own basket; he then put them down and run away; I followed him, and overtook him in a yard concealed under a cart; I lost sight of him, as he turned the corner, for about half a minute; I brought him to my mistress's

house, No. 5, Field-lane; he offered to pay me for the bread, but I told him I did not want any money, and fetched a constable, and he was taken.

Q. Had he the appearance of a baker at the time? - A. Yes; I did not know him him before; he said, after I took him, that he had no basket.

  HENRY BEARD sworn. - I am a constable, I took charge of the prisoner.

Q.(To Lewis.) This was Mrs. Baker's bread? - A. Yes.

Prisoner's defence. I wanted to buy a stale quartern loaf, and I was examining the loaves in the basket, and finding they were all new, I dropped them into the basket again, and then this young man came up, and asked me what I was doing with the bread, I told him I wanted to buy a stale loaf, and then I walked away; he came after me in a few minutes, and said he had lost four loaves; I had not got any property about me.

The prisoner called James Copeland, with whom he had worked twenty-one weeks, and who gave him a good character.

GUILTY (Aged 18.)

Publickly whipped and discharged .

Tried by the London Jury, before Mr. RECORDER.

 

179.   JOHN HAYWARD was indicted for feloniously stealing, on the 6th of January , six silver table-spoons, value 48s. two silver salt-spoons, value 4s. and a silver funnel, value 4s. the property of   William Jolliffe , Esq. ; a silver watch, value 30s. a base-metal watch chain, value 2d. and a base-metal watch key, value 1d. the property of   Hannah Ridley , in the dwelling-house of the said William .

  SAMUEL HAMILTON sworn. - I am an officer belonging to Marlborough-street: On the 7th of January last I was by accident at the Magistrate's house in Marlborough-street, Mr. Conant's, when Capt. Hilton Jolliffe, the son of the prosecutor, came, and wished him to send an officer to inspect his house, one of his servants having told him it had been broken open; I went to the house of Mr.   William Jolliffe , in  Argyle-street ; the prisoner went with me into the coach-yard, and shewed me a dung-heap, where he said the thieves must have got over; I could see no footsteps; I went to the other part of the house, where the prisoner told me they must have got over, but I could see no such signs; I went into the house again; I then had a suspicion of the prisoner, and I searched him; I found several pawnbrokers' duplicates upon him, which do not apply to this property; I then took the prisoner into custody, and on the Tuesday following he was to have been examined at the office upon another charge, with respect to the duplicates that I found of property belonging to Captain   Jolliffe ; the prisoner sent for me to our place of confinement, at Marlborough-street, and told me -

Mr. Knapp. Q. The prisoner was then in consinement? - A. Yes.

Q. And when you came to him, you did not say a word? - A.Only what do you want?

Q. When he was originally committed, did he know that he was charged with stealing any thing belonging to either of the Mr. Jolliffes? - A. He did.

Q.And it was not till after he had been made subject to a charge of that sort by the commitment, that he sent for you? - A. No; on the Tuesday after.

Q. Did Capt. Jolliffe live in the same house with his father? - A.Occasionally, when he was not upon duty; the prisoner said, that the story he had previously told me of the thieves getting over, was an invention of his own, for that he was very much distressed, having a wife and young children, but that if I would go into the hay-lost, at Mr. William Jolliffe's house, hid, in a particular truss of hay, I should find six silver table-spoons, a silver wine funnel, and a silver watch; I went there, and found them; I took Gudgeon, who is groom to Mr. Jolliffe, with me; we searched among the hay, and in a truss there, we found the articles which I have now named, (produces them); I have had them ever since.

  WILLIAM GUDGEON sworn. - I have been servant to William Jolliffe, Esq. very near ten years; I am come to prove Mr. Jolliffe's property; I was with the officer when the prisoner was apprehended, and when he found the property that he has described.

  HANNAH RIDLEY sworn. - I am servant to Mr. William Jolliffe; the silver watch that has been produced is mine, (looks at it); it has my name upon the face of it.

Q. It is valued at thirty shillings, it is not worth more is it? - A. I do not think it is worth so much; it has a base-metal chain and key to it.

Mr. Knapp. Q.There is no particular mark about the watch, or the key, or chain, except a parcel of letters put round the dial-plate? - A. That is all.

Q.Therefore, if any other letters answering to your name, were put round another watch, you would not know that from this? - A. I cannot say; I know I had such a watch.

Q. You did not know the number of it? - A. No.

Q.(To Gudgeon.) Look at the six silver tablespoons? - A.They are certainly the property of   William Jolliffe , Esq. they are plain, with neither cyphor, arms, nor crest upon them; they have

been in my custody, on and off, for very near ten years; I have one in my pocket of the same pattern. (Produces it).

Mr. Knapp. Q. If any body else had these spoons, which have no mark, and which have nothing by which you can distinguish the one from the other, would you be able to distinguish my spoons, if I had such sort of spoons, from these? - A. I do not know how that might be; they are certainly the spoons.

Q.Look at these silver salt spoons? - A. I will not swear that they are silver, but they are the spoons; there is no mark upon them.

Mr. Knapp. Q. There is no mark upon them, by which you are able to swear to them, whether they are silver or not? - A. There is no mark that I have fixed upon.

Q. Do you mean to swear they are silver? - A. No.

Q. Do you mean to swear they are plated? - A. No, I mean to swear they are the spoons.

Court. Q. Now look at the silver funnel? - A. That is Mr. William Jolliffe's property; it is a very remarkable one, there are several bruises in it that I can swear to.

Q.Have you been using a funnel this afternoon? - A. No, I have not drank any wine.

Q. It has been pretty much used in Mr. Jolliffe's house? - A.It has been badly used.

Q. Did you live in service before you lived with Mr. Jolliffe? - A. Yes; in some of the first families in London; I never lived less than four or five years in a place.

Q. Have you never had the misfortune, in any of your services, of a funnel dropping, and getting bruised before? - A. Yes, that has dropped several times out of my hand; I believe all servants have that misfortune at times.

Q. So it is from these kind of bruises, that you mean to swear to this funnel? - A. Exactly so, as I said before.

Q.These things, I take it for granted, were not all taken at one time? - A. I look upon it they were all taken at one time.

Q. How lately had you seen these things before they were missed? - A. I believe it was three or four days,

Court. Q. Do you know enough of the value of the plate to fix a value upon any of these things? - A. I am no judge; but I think I would not lay the value of them at more than thirty-seven or thirty-eight shillings.

The prisoner left his desence to his Counsel.

GUILTY, of stealing to the value of 39s .

Transported for seven years .

Tried by the second Middlesex jury, before Mr. RECORDER.

 

180.   JOSEPH FARRINGTON was indicted for feloniously stealing, on the 3d of February , a dead pig, value 5s. the goods of   William Hancock .

  ABRAHAM HANCOCK sworn. - I am the son of William Hancock, my father lives in  Shoreditch : On Saturday, the 3d of February, we lost a dead pig from the stall before the door; I did not see the prisoner take it; I had information of it, and I pursued the prisoner, and caught him with it, about five hundred yards from our house; the prisoner was running, and fell down; I saw the pig lying upon the ground, about three yards from him; he was running in a direction from the house; an alarm had been given, that was the cause of his running; he got from me, and an officer secured him, and took him to the watch-house; I am sure he is the same man.

Q.How do you know it was your father's pig? - A. I am sure of it, I had seen it not half an hour before, it had come from the country, and I had unpacked it.

Cross-examined by Mr. Alley. Q. You and your father are in partnership together? - A. All the same; it was sent as a present to us.

Q. It was sent as a present to both? - A. I expected to eat a part of it.

Court. Q. Had you a right to eat of it without his leave? - A. No.

Mr. Alley. Q. It was a present to yourself as well as to your father? - A. It was sent in his name.

Q. What business is your father? - A. A butcher.

Q.And the business in carried on for your mutual advantage? - A. Yes.

Q. Do you never sell pigs that are sent as presents? - A. Yes; this was put upon the stall for that purpose.

Q. To be sold for your joint benefit? - A. Yes.

Court. Q. Do you conceive you had a right to sell this pig, that you had a right to any share of the profit, did your father tell you it was to be sold for your joint benefit? - A. No.

Mr. Alley. Q. When any article comes to be sold, there is no conversation with you about the share of the profit? - A. No.

Court. Q. You say it was a present to your father, were you authorised to sell it on account of you both, or for your father? - A. I should have reaped some benefit from it.

Mr. Alley. Q. Should you have reaped some benefit, unless your father had given you a share in it? - A. No.

Q. Did he give you a share in it? - A. No; the money was to have been put into the day's taking.

Court. Q. Did your father authorise you to sell this pig upon the joint account, the pig having come as a present to him? - A. No.

Q. Could you have sold it without your father's consent? - A. No.

Mr. Alley. Q. This pig was lying on the stall? - A. Yes.

Q. Where were you at the time? - A. In the shop.

Q. The cry of stop thief was given? - A. Yes.

Q.Did not the prisoner cry stop thief? - A. Not that I know of.

Q.There were a great many other pigs in the same neighbourhood, were there not? - A. Yes.

Q. Then you will not swear that that is the same pig? - A. No.

Court. Q. Did not you tell me you were sure that was the same pig? - A. Yes, I am sure of it.

  DAVID SULLEN sworn. - I am a weaver: On Saturday, the 3d of February, about twelve o'clock, I saw the prisoner take the pig off Mr. Hancock's stall, I told his son of it, and he pursued him, and Mr. Hancock's son got hold of him.

Q.Did you lose sight of him? - A. Yes, he broke away from Mr. Hancock's son, and Mr. Mason, the officer of the night, took him in custody.

Q. What time did this happen? - A.About twelve at night; I am sure he is the same man; when he got to the watch-house, he asked Mr. Hancock's father to forgive him; he said he would not do the like again.

Cross-examined by Mr. Alley. Q. Do you know Mr. Athill? - A. Yes.

Q. You know he is a fence? - A. No, I do not.

Q. Will you swear that? - A. Yes.

Q. Do not you know he was tried here? - A. No.

Q.Did you know the men that were tried the session before laft, for forging two thousand pounds worth of Bank-notes? - A. No.

Q. Do not you know that he had two thousand pounds worth? - A. No.

Q.Did not you say, in the presence of the prisoner's brother, that if Mrs. Tomson would give you eight guineas, you would unswear all you had sworn? - A. No, I did not.

Q. Did not you know Mrs. Tomson? - A. Very well.

Q.Upon your path, has there not been an application from Athill to Mrs. Tomson, that if he would give you eight guineas first, and then four, you would unswear all you had sworn? - A. No.

Q. How much was it you said you would take? A. I did not say any thing at all.

Q. What did Athill say for you? - A. That I cannot say.

Q.Have you been in any public house in Bethnall-green lately? - A. Yes.

Q. Has Mrs. Tomson been unlucky enough to meet you there? - A. Yes.

Q. Did not you meet Athill there, and did not you go for the express purpose of endeavouring to get a sum of money from that poor woman, in order to save the prisoner from prosecution? - A. I went along with Athill; I did not know what his intention was.

Q. What was the name of that public-house? - A. I cannot say.

Q.Was it not the Bladebone public-house? - A. I believe it is.

Q. Have you ever been there before? - A. No.

Q. Then for what purpose did you go there with Athill? - A. He asked me to go with him.

Q.Did he not ask you to go with him for the express purpose of this business? - A. He took me there to explain about the pig being taken; as I never was before a Magistrate before, -

Q. Upon your oath, had you not been before a Magistrate before that? - A. Yes.

Q. Did you not go with Athill for the express purpose of settling this business? - A. I cannot say.

Q.Upon your oath, do not you believe that that was the object? - A. I cannot say.

Q. Will you undertake to swear, upon your oath, that that was not the object? - A. I cannot swear it was, and I cannot swear it was not.

Q. Did not you send Athill a second time? - A. No.

Q. Upon your oath, did not he go a second time? - A. I believe he did.

Q. Did he not go a second time with your knowledge? - A. No.

Q. Did he not tell you he had been a second time? - A. No.

Q.And you mean to swear that you did not say you would unswear all you had sworn if you had eight guineas? - A. No.

Q. And did not know that Athill had touched two thousand pounds worth of Bank-notes? - A. No.

  PETER MASON sworn. - I am an officer of the night: About twelve o'clock at night I heard a cry of stop him, I went as fast as I could to the place, and saw Hancock, and the prisoner just running from him; I caught hold of him, and several people cried out, let him go; I said, as I was an officer of the night I would not let him go till I knew what he had done; upon hearing that I was an officer of the night, Mr. Hancock gave me charge of him; I desired him to come to the watch-house to make good his charge, and he brought a pig with him; Mr. Hancock knew him, and called him by his name; he asked him to forgive him, and said he would never do the like again; he said he would not forgive him, because he had stole some beef from him in Leadenhall-market.

Cross-examined by Mr. Alley. Q. When they came to the watch-house, the poor fellow was in custody? - A. Yes.

Q. I suppose, if you were taken in charge for a felony you would be likely to say, forgive me, I will not do so again? - A. if I had committed a felony I might say so.

Prisoner's defence. I was coming home from my work in Hackney-road, I was paid at the Greengate; I was coming along and that man in the blue coat, Mason, laid hold of me; there was nobody else had hold of me at all.

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

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

181.   ORLANDO CALLANDER was indicted for feloniously stealing, on the 13th of January , seven ounces of tea, value 1s. 6d. the property of the  East-India-Company .

Second Count. Laying them to be the property of persons unknown.(The case was opened by Mr. Knapp.)

  JOHN OUTLAW sworn. - I am a labourer in the  East-India warehouses in Crutched-friars ; the prisoner was also a labourer in the same warehouses: In consequence of directions that I received, I placed myself in an alley in the upper part of the warehouse, behind a chest of tea, it was on a Saturday, about ten o'clock in the morning; the prisoner came into the room, he went to the window and sharpened a knife upon the sill of the window, there were two other men at the door, they went away, and then he turned back down this alley, and at the bottom of the alley I heard a rustling as if he was opening a chest; the prisoner then went out of the room, and I went and acquainted the elder of it; I went to the bottom of the alley and found a chest of tea open, it appeared to have been cut with a knife, and a little tea was spilt by the side; that is all I know of it.

  SAMUEL VOKINS sworn. - I am King's-locker at the East-India warehouses: Mr. Barber pointed out the prisoner to me, and desired me to be particular in searching him at two o'clock; I took him into Mr. Coward's office, and in his right-hand coat pocket I found an old pocket-book, and between the leaves of it I found four ounces of tea; in the seat of his breeches, in a bag, I found three ounces more, or rather better, it was all the same sort of tea; he begged of Mr. Coward to shew him mercy, but he told him he could do nothing for him; a constable was sent for, and he was apprehended. (Produces the tea).

  WILLIAM BARBER sworn. - I am an assistant elder in the East-India warehouses; we had tea of this sort in our warehouses, belonging to the East-India Company.

Prisoner's defence. I took the tea with me into the warehouse.

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

GUILTY on the Second Count.

Publickly whipped as near the warhouses as possible .

Tried by the London Jury, before

Mr. RECORDER.

 

182.   ANN FULLER was indicted for feloniously stealing, on the 10th of January , a calico shirt, value 10s. and a lawn handkerchief, value 3s. the property of   Thomas Clement .

  THOMAS CLEMENT sworn. - I live in  Queen-street, Cheapside : I missed the property from my bed-room, and had the prisoner apprehended; I lodge at Mr. Page's, the prisoner was there to help his servant; the things were in a soul clothes-bag; the morning after I missed them I found them at a pawnbroker's.

  DAVID WATSON sworn. - I am servant to a pawnbroker, (produces a calico shirt and handkerchief); I took them in of the prisoner at the bar on the 11th of January, she was a customer at our shop, they were pledged in her own name; I have had them ever since. (The shirt was deposed to by Mr. Clement).

The prisoner did not say any thing in her defence.

GUILTY (Aged 29.)

Confined six months in the House of Correction , privately whipped, and discharged .

Tried by the London Jury, before Mr. RECORDER.

 

183.   PETER DEKCLERK was indicted for forging and counterfeiting, on the 30th of January , a Bank-note for the payment of 20l. with intent to defraud the Governor and Company of the Bank of England .

Second Count. For uttering and publishing the same, knowing it to be forged, with the like intention.

Third and Fourth Count. The same as the first and second, only laying it to be with intent to defraud   William Algar .(The indictment was stated by Mr. Giles, and the case opened by Mr. Fielding).

  WILLIAM ALGAR sworn. - Examined by Mr. Knowlys. Q. I believe you are a shoe-maker , in  Chadd-street, near Wapping ? - A. I am.

Q. Did the prisoner come to you on the 30th of January? - A. Yes.

Q. Did he purchase any goods? - A. He bought a pair of boots, and two pair of shoes.

Q. What did they amount to? - A. One pound eighteen shillings.

Q. Was any man with him when he came? - A.There was an elderly person, I imagined him to be the mate.

Q. How did he offer to pay you? - A. By tendering me down a 20l. note, as it appeared to me to be, (the note produced); I believe this to be the note.

Q. What did you do with the note that he tendered you in payment? - A. I took it and looked at it; I did not like the appearance of the colour of the paper, and I did not like to change it, but sent it over to a neighbour opposite me.

Q. By whom did you send it? - A. By my son, and he brought it back again.

Q. Are you sure that the note your son brought back was the same note? - A. It looked like the same; then I inspected more closely into it, and sent it to a Mr. Allybone by my son.

Q. Did your son bring it back unchanged? - A. He did.

Q. After your son had tried there, what did you do with it? - A. I took it to a Mr. Culland, in Wapping.

Q. Did you get change for it? - A. I sent it by a servant maid to Mr. Culland, only to inspect into it.

Q. Did she bring you back the note? - A. She did.

Q. After she returned you the note what did you do with it? - A. I took it to the Bank.

Q. Who did you deliver it to there? - A. It was a holiday; I delivered it to a clerk, and he delivered it to a Mr. Blifs, the inspector.

Q.Was it delivered to Mr. Blifs in your presence? - A. It was not.

Q. Who did you deliver it to? - A. I don't know the gentleman's name.

Q. When did you see Mr. Blifs? - A. I saw him about three minutes after.

Q. Did you see the note in Mr. Blifs's possession? - A. I did.

Q. Did you see whether Mr. Blifs put a mark upon it? - A. No, I did not.

Q. Was the note you saw in Mr. Blifs's possession the same note you sent in? - A. Yes.

Q. There is the mark of W. A. upon the back of the note? - A. That is my mark.

Q.Where did you make those letters? - A. I signed them at Bow-street.

Q.After you had shewn this to Mr. Blifs what did you do? - A. Mr. Blifs returned with the note, and we went to Mr. Winter, the Solicitor of the Bank; two officers attended Mr. Blifs, and then I went with them to my own house.

Q. When you got to your own house, did you find the prisoner there? - A. The prisoner at the bar was there, and this gentleman, the mate.

Q. When the officers came to him did you hear him say any thing about the note? - A. When the officers came in rather hot upon him and searched him, he stood with a great deal of fortitude.

Q.Did you hear him, while the officers were searching him, say any thing about this note? - A. I heard him say, he took it Chichester.

Cross-examined by Mr. Const. Q. I see you have put your initials upon it, you have no doubt but it is the same? - A. I know it to be the same, I think I could pick it out of a hundred, I observed the word, pounds, wrote with a pen, and not a copperplate; I don't recollect I ever saw one wrote with a pen, but the grand reason is the colour of the paper.

Q. When you went to the Bank, you gave it to a clerk, whose name you do not know? - A. I do not.

Q. He took it from you, and went away for about three minutes? - A. He did.

Q. Of course, except from your supposing it to be the same, it having been out of your possession three minutes, you have no other way of knowing it? - A. No other way than by believing it to be the same.

Q. The next time you saw it, it was in Mr. Blifs's hands? - A. Yes.

Q. You have told us that the prisoner said something, do you mean that he spoke any words in English? - A. I am sure of it.

Q. Do you mean by words in English, he made use of the name of a town, or the name of a man? - A.Several words in English.

Q. Perhaps he talked of the town of Chichester? - A.He did say Chichester.

Q.Do you mean, upon your oath, to say that he spoke the English language fluently? - A. No, by no means fluently; "no good" is an English word, and he said, "why?" when it was told him by the mate, that I did not like to change the note, he came and asked me in this manner, "why?" I told him, I did not like the colour of the note, I thought it was a bad one.

Q. That is the only thing you can remember? - A. I think it was very properly answered.

Q. The conversation between him and the mate was in their own language? - A. It was.

Q. Did you observe, when they were talking their own language, that many of the words were like our own English? - A. I cannot say that, I did not pay any attention.

Q. You sent the note out three times? - A. No; twice.

Q. Those different times of offering the note, took up some space of time? - A. It did.

Q.Each of the times that this note was returned, he continued still in your shop? - A. Yes.

Q. Did he entertain an idea of your suspicions? - A.There was not a doubt of his understanding my suspicions, because he was told of them.

Q. How long might you have been gone to the Bank? - A. It took some time; I might be gone very near an hour and three quarters.

Q.Notwithstanding this suspicion, and knowing where you were gone, you found him, on your return, still waiting for you? - A. I did.

Q. You described that he behaved with a great deal of fortitude? - A. With a great deal of fortitude.

Mr. Knowlys. Q. When you told him of your objection to the 20l. did he say, he could pay you in any other way? - A. No, he did not.

Q. Did you make your objection to the 20l. note before you went to make enquiries about it? - A. Yes, I did, before I took it myself.

Q. Had you made those objections before you sent your son to get change for it? - A.Not to the prisoner at the bar, I had made those objections to my son.

Q. Was that loud enough for the prisoner and the mate to hear? - A. I don't think it was.

Q. Did you ask the prisoner to pay you in any other way? - A. When he tendered me down the 20l. note, I did not like the colour of the paper, and I asked him, if he could accommodate me with a smaller note; I was made to understand, by the mate, that the prisoner had no smaller; the prisoner had his pocket-book in his hand, and he shewed me a note, which he said, was a 50l. note.

Q. When you asked for a smaller note, and he said, he had not a smaller note, did you mention any thing about cash? - A. I did not.

Mr. Const. Q. You understood by the mate and the prisoner, that he had not a smaller note than the 20l.? - A. Yes; when I asked him, if he had a smaller note, he said, no.

Q. You first suggested your objection to your son, and sent him out to get change? - A. I did.

Q. On his return, you told the prisoner and the mate, you had some suspicions about it? - A. I did; and the mate gave him to understand, I did not like to change it, and he said, why?

Court. Q. Was it before you went to Mr. Culland's, that you intimated your suspicions that the note was not a good one? - A. It was.

Q. After you had been to Mr. Culland's, you did not see the prisoner again till you returned with the officer? - A. No, I did not.

Q. You are sure he understood you when you asked him whether he had a smaller note? - A. I am sure he did, he said, no, and shewed me another note, which he said, was a 50l. note, I did not see it open.

Q.Did he shew you any 10l. notes, or make mention of any? - A. He did not; I saw no 10l. note.

  ROBERT ALGAR sworn. - Examined by Mr. Giles. Q.You are the son of the last witness? - A. I am.

Q.Were you in the shop on the 30th of January, when the prisoner at the bar and his mate came in? - A. I was not.

Q.When did you come in? - A.Between the hours of eleven and twelve, those two men were then in the shop.

Q.What were they doing? - A.They were bargaining with my father for a pair of boots and two pair of shoes.

Q. Which of them spoke to you father? - A. The mate was rather the interpreter.

Q. Did the other speak any English or not? - A. I did not observe that he said any words of English that I could distinctly understand; they agreed to pay one pound eighteen shillings for one pair of boots and two pair of shoes; the prisoner at the bar gave my father a 20l. note for the payment of those boots and thoes, he took it out of a pocket-book; my father said, he would be obliged to him if he would accommodate him with a smaller note, as he had not change enough to change it.

Q. What said the prisoner? - A. I did not understand the prisoner said any thing, but shewed a 50l. note; he shewed a note in his pocket-book, which he said, was a 50l. he did not take it quite out of his pocket-book; my father gave me the 20l. note, and desired me to go over to Mrs. Glegg, who keeps a public-house, to get it changed; I took the note from my father, and gave it into Mrs. Glegg's hand; it never passed out of my sight till I returned it to my father; he then sent me to a Mr. Allybone, in order to have his opinion whether it was a good note; I did not go there to change it.

Q.Did you take the note back? - A. Mr. Allybone was not at home, I gave it to his wife, and she carried it back into a back room, to give it to her son, and there it passed out of my sight for a few minutes; she brought me back a note, which I believe to be the same that I gave to her, I took it back again to my father; my father and I went behind the counter to examine the note, and my father held it up to the light, and he perceived the water mark was very dull, and he saw the word, pounds, was wrote with a pen instead of the copperplate; my father said, gentlemen, if you will stop a minute, I will go up stairs and compare this note with some notes I have got; my father went up stairs, and when my father came down, he said, he had not change enough in the house, but he would go out and get it changed; my father put on his hat and went out, and took the note with him.

Q. When he was gone, had you any conversa

tion with the prisoner? - A. I had with the mate, but not with the prisoner; I could not understand what the prisoner said.

Q. How long was your father absent? - A. I believe about an hour or an hour and a quarter.

Q. Did the prisoner at any time learn where your father was gone? - A. I don't know.

Q. When your father returned, what passed between you and the prisoner? - A. Nothing at all.

Q. Who came with your father? - A. I believe two officers, and Mr. Blifs, belonging to the Bank, came with my father; the officers immediately searched the captain. (The note produced).

Q.Is that the same note you took, have you any means of judging? - A. By every appearance of the note, I believe it to be the same, but I cannot swear positively.

Q. Were any questions put to him respecting where he got the notes? - A. I believe the inspector asked him where he took the notes, and the mate said, Chichester, and the captain said, Chichester.

Court. Q. That was after the mate had said something to the prisoner, which you did not understand? - A. It was.

Q. You heard the captain say, Chichester? - A. I did, repeatedly.

Q. Was there any thing more passed? - A. I don't remember that there was, I believe I have told you the whole of what passed.

Q. Do you know what they found upon the captain? - A.There was a 50l. and a 10l. note; the 50l. note, they said, was a bad one, and the 10l. note was good.

Q.Any money? - A. Two guineas in gold.

Cross-examined by Mr. Knapp. Q. Before you parted with the note to Mrs. Allybone, you had put no mark upon the note? - A. I had not.

Q. How long was Mrs. Allybone absent with the note? - A. I believe, about a minute or two minutes.

Q.She went completely out of your sight? - A. She did.

Q. The mate was the person who was the spokesman upon this business? - A. He was, the whole time.

Court. Q. What do you mean by the spokesman? - A. He was the person who interpreted what the captain said.

Mr. Knapp. Q. Did the mate speak bad English himself? - A. He did.

Q. Though you might understand in general what he said, he might speak some words you did not understand? - A. In general, I understood what he said.

Q. Do you think that the mate could understand every thing that you said? - A. I believe he did by the answers he made.

Q. At that time your father and you were holding the note up to the light, where was the prisoner and mate? - A. They were in the shop at the same time.

Q. Could they, while your father and your were behind the counter, holding up the note to the light, see that you were doing so? - A.They could.

Q. At the time your father said, gentlemen, if you will stay a little, I will go up stairs and compare the note with some I have got there, did they hear what your father said? - A. I believe they did.

Q.Then it appeared to you, that the prisoner at the bar perfectly well knew what your father said? - A. If the prisoner did not, the mate perfectly did.

Q.Did the mate in general communicate the conversation held between your father and him to the prisoner? - A. I cannot say.

Q. You say, you think your father was gone about an hour and a quarter? - A. It might be an hovl and a half or more.

Court. Q. While your father was absent, where was the prisoner and the mate? - A.They were in the shop all the while.

Q. Who was with them in the shop? - A. I was there, I believe, the whole time; I don't believe I was out of the shop, except to see what o'clock it was once.

  ELIZABETH ALLYBONE sworn. - Examined by Knowlys. Q. Do you remember young Mr. Algar bringing a 20l. note to you to change? - A. Not to change, he brought it me to look at.

Q. Did you return to him the same note that he gave you? - A. I did.

  HANNAH WALTERS sworn. - Examined by Mr. Knowlys Q. Whose servant are you? - A. Mr. Culland's.

Q. Do you recollect, on the 30th of January, Mr. Algar, the shoe-maker, giving you a note to carry up to your master? - A. He gave me a note.

Q. Did you return the same note to Mr. Algar, that he gave you? - A. Yes, I did.

  WILLIAM STOKES sworn. - Examined by Mr. Giles. Q. Do you recollect receiving a 20l. note from Mr. Algar? - A. I do.

Q. What did you do with it? - A. I gave it to Mr. Blifs.

GASPER DANE sworn. - Examined by Mr. Fielding. Q. You are the mate of the sloop called the William and Anna? - A. Yes.

Q. How many voyages have you been with the prisoner at the bar? - A. This is the second voyage.

Q.Were you on board when she went to Chichelter? - A. Yes.

Q. How long were you there before you made your voyage, and when did you come to London?

- A. We cleared the ship the 2d of November, and staid two or three days after.

Q. Did you return to the continent? - A. No; we went away from Chichester to Rotterdam, we went to Dunkirk first, by a gale of wind.

Q.And from Rotterdam you came to London? - A. We came to London.

Q. Do you remember, on the 30th of January, going to the house of a Mr. Algar, with captain Dekclerk? - A. Yes; I went there to purchase some shoes and boots.

Q. When you went into the shop, was it you, or captain Dekclerk that bargained for the boots and shoes? - A. I was with him as his interpreter, because they could not understand him.

Q. Does he understand any English at all? - A.May-be a word or so, very little.

Q. When the boots and shoes were produced, do you remember what took place upon the payment for them? - A. The shoe-maker asked the price, and the captain offered two shillings less, and whether they went for that or less, I don't know.

Q.What was the price at last to be paid for them? - A. The price at last was 1l. 18s.

Q. How were they paid for? - A. I cannot tell.

Q.What did he do? - A. He took a paper out of his pocket to pay it with.

Q.When the man receive this paper, what did he say, did he address himself to you? - A. That I cannot say, the man went out with it.

Q.Did the shoe-maker say any thing to you about the note, when he had got it into his hand? - A. I do not know what he said about it.

Q. When he came back again with the note, did he say any thing to you? - A. No.

Q.When the shoe-maker took the note, did he say any thing about the sum of it, or ask him for any smaller? - A. That he did.

Q.What did the captain say? - A. The captain said he had none but a 50l.

Q.When he, Mr. Algar, went out with the note, you and the captain, and the young man, the son, were left in the shop? - A. Yes.

Q. Do you remember Mr. Algar, the shoe-maker, giving the note to his son? - A. Yes, I saw him.

Q. Do you know what passed at the time, did you understand any thing that the father said to his son? - A. No, I did not take notice.

Q. How soon was   Young Algar gone out before he came back? - A. May be two or three minutes, I cannot say.

Q.Did he go out a second time? - A. I cannot tell you whether he had been one or two times.

Q. How soon after was it that Mr. Algar, the shoe-maker, went out himself? - A. It might be half an hour from their first coming into the shop.

Q.When Mr. Algar was gone, how long, ac- cording to your opinion, was he absent, before he came back again? - A.About an hour and a half.

Q. Had you any talk with the young man about the note when his father was gone? - A.No, I never talked about the note all the time he was away.

Q. Did you yourself say any thing to him, asking him where his father was gone to? - A.No. he said he himself thought his father was gone to the Bank.

Q. Did you tell that to the captain? - A. I did; I told the captain it would be very late before we dined to-day, the captain said, if we don't eat at one, we shall at two.

Q. When you heard the young man say he thought his father was gone to the Bank, what did you understand? - A. I thought it would be late before we got to dine.

Q.Did you understand any thing more from it, than it was likely to delay you, and keep you from your dinner? - A. Not a single word.

Q.Did the young man desire you to ask the captain where he had got the note? - A. He never asked that in my presence.

Q.When Mr. Algar returned, with some other gentlemen, and they had taken the captain into custody, what then passed? - A. They took us both, and searched us both.

Q.When they had searched the captain, and had found the different articles upon him, what did he say, as to the place where he got the note? - A. He said he had received the likeness of this at Chichester.

Q. Was he asked where he had got that note? - A. Yes.

Q. I am speaking of Algar's shop, when he was searched there, and he was asked where he had got the note, what did he say? - A. I heard him talking about Chichester.

Q. He said something then, did he mention the name of Chichester? - A. Yes, he did.

Q. Now attend to me; you, as the interpreter, were desired to ask of him where he had got the note? - A.After we had been searched and arrested.

Q.When you asked him the question, what did he say? - A. I did not ask him in the shop, I did not ask him till after we had been in arrest.

Q. When you did ask him that question, where did he say he got them from? - A. He said he had got some notes from one Van-Haverbach at Dunkirk.

Q. Did he say any thing about Chichester? - A. He did not speak any more about Chichester afterwards.

Q. But when you asked the question by the de

sire of this Gentleman, Mr. Winter, what was the answer? - A. The answer was about Chichester.

Q.What was it? - A. That he had received such paper at Chichester.

Q. Do you mean to say that? - A. That gentleman asked the captain where he got it, I said it to the captain, and the captain talked about Chichester, that such paper was got at Chichester, but I understand it was not the same paper, but the likeness.

Q.Recollect, the question you were desired to ask the captain was, where he got it from, now repeat his answer? - A. The captain told me, at Chichester at that time, and so I told that gentleman.

Q.Were you desired by this gentleman to ask the captain, from what person he got it at Chichester? - A. Yes.

Q. From whom did he say he got it? - A. He named Mr. Hobbs.

Q.What persons were with you and that gentleman, when he desired you to ask such questions of the captain, how many people came into the shop? - A. There was only a single woman came in.

Q. You went from the shop to this gentleman's house, did you not? - A. Yes.

Q. That question being put to him, he gave you an immediate answer, that he had it from Mr. Hobbs, at Chichester? - A. At that time he did.

Q.Where was it, at the gentleman's house? - A. At the gentleman's house.

Q.When you went to Bow-street, did he tell this story? - A. I asked the captain where he had got it.

Q.Did he say that he had got it from Mr. Hobbs, at Chichester? - A. He had told me, he got it from one Van-Haverbach, at Dunkirk; I said, why did you not say so to me at the gentleman's house, when we were arrested, he said that the first time, I had misunderstood him.

Q. This was on the Saturday, when you went to buy the boots, on what day was it you were at Bow-street the first time? - A. The Tuesday following.

Cross-examined by Mr. Const. Q. When the shoemaker came back, with the two gentlemen that searched you, did he then say any thing where he got the notes from? - A. I did not take any notice at the time, I was out of my senses.

Q. The captain does not speak English? - A. No, every thing that passed was with my interpreting.

Q. While you were at the shoe-maker's, you do not remember any thing about the notes being accounted for? - A. No.

Q.When you were at that gentleman's house, they asked you some questions? - A. They asked nothing of me, but told me to let them know what the captain said.

Q.One of the questions they bid you ask him, was, where it was he got the notes from? - A. Yes.

Q. When you asked him that question, you said something to this gentleman that you thought he told you? - A. He talked about Chichester, but he did not mean Chichester.

Q. When you told this gentleman what he had said, did he speak to you again? - A. No.

Q.Nothing more passed about it? - A.Nothing more.

Q. At Bow-street, when you asked him, where did you get those notes? did he say to you, "I got"them of Van-Haverbach, at Dunkirk"? - A. Yes.

Q.And then you said, why did you not say so the first time? - A. Yes.

Q. You said, why did you not say so at first, for you told me Chichester? - A. Yes; he said his mind was so before, but it was only the likeness of them, and not those papers.

Q. Was that the way he explained it? - A.That was the way.

Q.You say his mind was so; can you tell me, in any other words, what the mind is in your language? - Court. Q. Tell the interpreter in the language the captain used at Bow-street; what the captain said at Bow-street about the notes to you. - In what language did the captain speak to you at Bow-street? - A.In Dutch.

Q. Tell the interpreter, in Dutch, what the captain said at Bow-street? - (The witness speaks to the interpreter in Dutch).

Interpreter. A. That he had received those notes an hour previous to his departure from Dunkirk, from Van-Haverbach.

Court. Q. You have told us, that upon his telling you that he had received those notes from Van-Haverbach, at Dunkirk, you said, why did you not say so the first time, for you talked of Chichester; now tell the interpreter, in the captain's language, what the captain said to that question? - Interpreter. A. He put the question to the captain, the captain said, he had misunderstood him.

Court. (To Interpreter.) Q. What more did he say? -

Interpreter. A. Nothing more.

Court. (To Witness.) Q.Did the captain explain to you then, what he had said to you the first time? - A.No, he did not.

Q. What did he say about the likeness of any paper? - A. That he had received the likeness of such paper at Chichester.

Mr. Const. Q. When the captain went to Chichester with his freight, you went with him to Mr. Hobbs? - A. Yes.

Q. Therefore you saw Mr. Hobbs paying him the freight? - A. I was present; I stood a very little way from them.

Q. Did you see Mr. Hobbs pay him any such paper as that? - A. Yes, I did; I saw the same sort of papers, five different papers; he put them into his pocket-book, and went to the Customhouse.

Q. I don't know whether you ever saw this 20l. note before? - A. I never saw it before.

Court. Q.When you repeated to the gentleman the answer which the captain gave you to the question the gentleman desired you to ask, where he got the notes, did you then understand that the answer you gave the gentleman, was the answer the captain gave to you? - A. Yes.

Mr. Fielding. Q. When you were with the captain at the house of Hobbs, you say he was paid so many different notes? - A. Five notes.

Q. What did he do with those notes? - A. He put them into his pocket-book, and went to the Custom-house to clear his ship.

Q. Did you go to the Bank? - A. I saw him change one note at the Custom-house upon the clearance.

Q. Did he get cash for the other notes? - A. That I don't know.

Q. Did you go with him to the Custom-house where he got money for his notes? - A. No.

VENAN VINT sworn. - Examined by Mr. Garrow.

Q. What are you, Mr. Vint? - A. I am a partner in the house of Van-Dyke and Company.

Q. Was your house employed as the agents in England, for the merchants to whom the prisoner's ship belonged? - A. Yes.

Q. Did you see the prisoner at your accompting-house on the morning of Tuesday the 30th of January? - A. Yes.

Q. Did you, at that time, pay him any money? - A. I did; I paid him a 10l. Bank-note.

Q. Should you know the note? - A. No.

Q. Have you no account of the number? - A. No.

Q. Did the prisoner, at that time, produce to you any paper purporting to be a 20l. Bank-note? - A. He did.

Q. Did he state to you where he had received that 20l. note? - A. Not at that moment.

Q.State to the Court what he did say upon the production of that note to you? - A. He shewed me a 20l. Bank-note, and asked me if I thought it was a good one.

Q.What more passed? - A. I answered him, I thought it was; I then passed it to Mr. Jackson, one of the clerks, he told me he thought it was a good one; I then asked Mr. Jackson whether there was any body in the Bank of the name of Greenway.

Q. Did he at any time, in the course of that conversation, say who he received that Bank-note from? - A.To the best of my recollection, he told me that he received it at Chichester.

Q. Was that communication to you, of his having received it from Chichester, from any question put to him - Did you ask him where he had received it? - A. I think I did.

Q.What were the words he told you? - A. According to the best of my knowledge - I can tell you in Dutch, but I cannot say them in English. (States the words in Dutch).

Q. What do you take to be the literal translation of those words you have been using? - A. I then understood that he received the notes from Chichester.

Q. Do you remember the name of any person occurring from the captain? - A. Yes; Hobbs's name was mentioned by him.

(The note produced.) Q. Look at this note, and tell us whether that is the note the prisoner produced to you? - A. I believe it is the same note.

Q. Will you endeavour to recollect, as near as you can, the manner in which Mr. Hobbs, of Chichester, was introduced into that conversation? - A. As his consignee.

Q.From the conversation you had with the prisoner, did you collect that Mr. Hobbs had any thing to do with the note? - A. I told you so before; I understood he had got the note from Mr. Hobbs, at Chichester.

Cross-examined by Mr. Knapp. Q. This notes you tell us went through your inspection, together with Mr. Jackson's? - A. Yes; and several other persons,

Q. In the course of your business, I take it for granted, you must have a great number of notes pass through your hands? - A. Yes, we have.

Q. If this had been offered to you in payment, should you have had any difficulty in taking it from the captain? - A. No; I should have had no difficulty.

Q. Would you not have given him change for it if he had desired it? - A. I would.

Q. You have been in Court during the time the mate was examined, Gasper Dane? - A. Yes.

Q. Did you hear that witness, the mate, admit, in the conversation he had with the prisoner, that he received such paper at Chichester? - A. Yes.

Q. You have told us, Mr. Vint, that the words were equivocal in themselves? - A. Yes.

Q. Then, having heard what passed by the mate's evidence, do you still persist in the terms being so equivocal, that you might not understand it in the fair interpretation? - A. I do think so; I think any body might be very easily mistaken in it.

Q. You were, at that time, conversing about

Bank-notes laying before you? - A. I tell you his answer was very equivocal.

Court. Q. Give us the answer literally in English? - A. I received some notes from Chichester, I understood it to include that note.

Mr. Knapp. Q. You have known the prisoner at the bar some time? - A. No, I have not; I never saw him before this voyage.

Q. Did he come to you well recommended? - A.Perfectly so.

Q.From persons whom you corresponded with? A.From one of the first houses in Rotterdam.

Court. Q. Did he give you any reason for asking your opinion upon that note? - A. None in the least; I gave him a 10l. bank-note, and then he went away.

Q. What time of day was it? - A.Between ten and eleven o'clock in the morning.

  NATHANIEL LOARING sworn. - Examined by Mr. Garrow. Q.You are clerk to the solicitors of the Bank of England? - A. Yes.

Q. Were you present at Mr. Winter's house, when the prisoner was examined there? - A. I was in Mr. Winter's office at the time.

Q. Were you attending the examination? - A. I took the minutes by Mr. Winter's direction, in writing.

Q. Do you recollect Mr. Winter's desiring that a question might be put to the prisoner where he received the notes? - A. I do.

Q. What answer did you minute? - A. He received them at Chichester, from Mr. Hobbs, for a freight of his cargo in November last.

Q. The notes were the subject of this examination? - A. Yes; the notes lay upon Mr. Winter's desk, here are my minutes.

Q. Were these two the notes, respecting which the examination was had? - A. Yes, they were.

Q.I understand you are not conversant with the Dutch language - A. No.

Q. Attending to the answer given by the prisoner, are you able to say, whether the words,"Chichester" and "Hobbs" occurred in his answer? - A. He used those words, which I perfectly understood, and he pointed to the notes, so that I had not the least doubt but he meant the notes, he pointed to both the notes, and he produced a small paper out of his pocket-book, containing some part of the account of his freight, and the money he received for it of Mr. Hobbs.

Q. Though you did not understand the words which composed the rest of the sentence, you understood the words, "Hobbs," and Chichester?"- A. I understood no other words than Hobbs and Chichester.

Cross-examined by Mr. Const. Q. You understood no words but Hobbs and Chichester? - A. No.

Q. You were present during the examination of the mate? - A. Yes.

Q. The conversation was between the mate and prisoner, in which you understood the two words,"Hobbs," and "Chichester"? - A. I only understood "Hobbs," and "Chichester. I told you before, that the mate was desired to ask the captain in Dutch, how he came by those notes, and I minuted his answer down, through the interpretation of the mate.

Q. That is the conversation of which the mate has been talking? - A. Yes, it is.

  EDWARD FUGION sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; I apprehended the prisoner at the house of Mr. Algar, I found upon him a 50l. note, a 10l. note, and two guineas in gold.

Q. Look at that 50l. note, and see if that is the note you found upon him? - A. It is.

Q. And that 10l. note? - A. Yes.

Cross-examined by Mr. Knapp. Q. When you apprehended him, you had no difficulty at all in searching him? - A.None at all.

Q.You have been an officer some time? - A. Yes.

Q. Did you ever apprehend any man who conducted himself with more propriety than the prisoner? - A.Certainly not.

Q. Did you search the ship? - A. I did.

Q. Did you find any thing? - A. No.

Court. Q.Where did you find the notes? - A. In a pocket-book.

  THOMAS BLISS sworn. - Examined by Mr. Garrow. On the 30th of January, this note was brought to the Bank by Mr. Algar, the shoemaker.

Q. Is that a genuine Bank of England note? - A. It is not, it is a forged note. (The 50l. note produced).

Q. Is that a forged note also? - A. It is, it was found upon the prisoner, I put my name upon it,(the 20l. note read.)

No. 6362, No. 6362, 1796, Bank 11 Feb. 1796.

I promise to pay to Mr. Ab. Newland, or bearer, on demand, the sum of 20l.

London, the 11th day of February, 1796.

For the Governor and Company of the Bank of England. J. Greenway. Entered J. Gilbert.(the 50l. note read, signed E. Lewin.)

Mr. Blifs. That is a very bad imitation of Mr. Lewin's hand-writing.

- GREENWAY sworn. - I am one of the cashiers of the Bank.

Q. Look at that note, and tell us if that is your hand-writing? - A.It is not.

HENRY HOBBS sworn. - Examined by Mr. Giles. I live at Chichester; I know the prisoner, he

brought me a cargo of wheat and cheese early in November last, I advanced him ten guineas in part of his freight, on or about the 6th of November, I paid him in cash.

Q. Did you pay him any Bank of England note, or any paper, purporting to be one - A. None.

  EDWARD HYDE sworn. - Examined by Mr. Knowlys. I am one of the partners in the house of Hobbs and Co. I remember paying the prisoner his freight, I paid him about 90l. the 14th of November, all in cash.

Q. Do you know who paid him the rest? - A. Mr. Stephen Hack, my partner, he paid him cash, I believe, except five Chichester 10l. notes.

Q. Did the captain make any objection to these Chichester Bank-notes? - A. He did; he wanted all cash.

Q. He received all cash, except these five Chichester notes? - A. He did.

Q. Do you know of your own knowledge, whether the prisoner got cash for these five notes? - A. I do not.

Q. What is your firm? - A. Hyde, Hobbs, and Hack.

Q. Is there any other person of the name of Hobbs, in Chichester? - A. Yes.

Court. Q. Is there any other that the prisoner is concerned with? - A. believe not.

  CHARLES TAPPER sworn. - Examined by Mr. Giles. Q. You are a clerk in the Chichester Bank? - A. Yes.

Q. Do you remember the prisoner at the bar coming to the Chichester Bank, and cashing notes? - A. I do; I think there were five, I am not positive.

Q. Are you sure there were four? - A. Yes.

Q.What did you give him for them? - A. Cash.

Q. When was it? - A. To the best of my memory, I think it was either the 14th or 15th of November.

Court. (To Hyde.) Q. It was the 14th of November you paid him 90l. and you say you saw Mr. Hack pay him the remainder, was that the same day? - A. It was the same day.

The prisoner put in a written defence, which was read as follows:

My Lords and Gentlemen, I am innocent of the crime laid to my charge; the two Bank-notes found in my possession; I received from Mr. Van-Haberbach, on the quay, at Dunkirk, the day I failed from that place; I have been acquainted with him for many years; in the course of my acquaintance with him, I had lent him 20 guineas, which I asked him to pay me, he told me he had got no money, but said, here are two Bank-notes, they will be as good in England as guineas; you may pay yourself, and bring me some goods; he mentioned some hats, razors, great buttons, and small buttons, and some cloth; I put them in my pocket, and when I was at Messrs. Van-Dyke and Co.'s office, I observed that a pilot, to whom one of the clerks paid a Bank-note, wrote something on the back of it, it occurred to me that the notes I received of Mr. Van-Haberbach had not any thing written upon them; I shewed one of them to Mr. Vint, and asked him if it was a good one, as Mr. Van-Haberbach had not written upon it, and Mr. Vint said it was, and shewed it to one of his clerks, who said the same; I could not tell whether it was a good one or not, never having seen a Bank-note before, excepting five, which I received from Mr. Hobbs, of Chichester, the last voyage before the present one, and the only time I was ever in England before.

JAN POP sworn. - Examined by Mr. Const. (The witness being a foreigner, an interpreter was sworn.) Q. What countryman are you? - A. Of the city of Antwerp.

Q.What are you? - A.An able seaman.

Q. Did you fail the last voyage with the prisoner? - A. Yes, I was with him at Dunkirk, and failed from thence with him.

Q. Do you know a man of the name of Van-Haverbach? - A. I know him by fight, I believe he is a clerk in the Marine-office.

Q. Did you see him at Dunkirk before you failed? - A. Yes.

Q. What part of Dunkirk? - A. I cannot exactly say where.

Q. Do you recollect where you saw him last? - A. About an hour before we failed from thence.

Q.Whereabouts was it that you saw him at that time? - A. Near by the ship.

Q. Did you hear or see any thing pass between the captain and Van-Haverbach? - A. The only thing that I saw was two papers given by Mr. Van-Haverbach to the captain, to purchase things.

Q. Do you know what these papers were? - A. As far as I could see they were two notes, but whether they were great or small I cannot tell.

Q.Have you seen Bank-notes before? - A. I never saw other notes, except one or two the captain shewed me at Chichester on board; how big they were I cannot tell.

Q. Where have you ever seen any notes before these you saw at Dunkirk? - A. I never saw any others than those that the captain shewed me at Chichester; I heard the captain say he had got two Bank-notes to purchase goods, and that is all I know about it.

Q. Did you see them open or folded up? - A. I did not observe whether they were open, or whether they were folded.

Q. Did you see enough of the Bank-notes to be able to describe them? - A. I cannot say whether they were large or small.

Cross-examined by Mr. Garrow. - Q. How many voyages have you failed with the captain? - A. This is the second voyage that I have been with him, one to Chichester, and one here.

Q.(To the witness without the interpreter.) Have you got any Bank-notes in the ship. - A. There are no Bank-notes in the ship.

Q. You can talk a little English? - (Answers in Dutch.)

Q. Do you mean to swear you cannot understand English a little, do you understand what I speak to you now, have you not talked in English about these Bank-notes with any body? - A.(The witness made no answer.)

Mr. Garrow. Q.Ask him, in his own language, if he has not talked about these notes in English, and I will prove by-and-by that he has? - A. I know of no Bank-notes, nor of nothing.

Q. Do you remember a gentleman coming on board the ship, and asking you about these Banknotes, and you answering him in English? - A.There was an English gentleman came on board, who spoke to me, but I did not understand him only by gestures.

Q. Did you understand by gestures, or answer by gestures? - A. I understood the word Banknote, and I bid him look and examine where he would.

Q. Did that gentleman ask you whether you knew of any Bank-notes being delivered to the captain abroad? - A.I have forgot, I cannot recollect.

Q. Did not you tell the gentleman you did not know any thing about any Bank-notes being delivered to the captain at Dunkirk? - A. I cannot tell what I said, or what I did not say, to that gentleman.

Q.What you did say, did you say in English? A. I made him answer, look what you want.

Q. You did not say any thing to the gentleman, that you did not know any thing about the captain having any Bank-notes at Dunkirk? - A. I do not retain it in my memory.

Q.When did you first say that you saw Van-Haberbach deliver Bank-notes to the prisoner? - A. I told it when I was at the solicitor's.

Q.Have you seen any Bank-notes lately, have you had any shewn to you lately by any body? - A. I saw a Bank-note at Mr. Van-Dyke's, when I went to receive money for provisions.

Q.Lately? - A. I cannot precisely recollect the time.

Q.Was it before the captain was taken up? - A. After the captain was taken up.

Q. Are these papers now shewn to you, (shewing him some pieces of written paper), like the papers that Van-Haberbach gave to the captain? - A. No, they are not Bank-notes, it is not of the same paper as Bank-notes.

Q. Did you ever see them unfolded at all? - A. Never in my life time.

JACOB MARIN sworn. - Examined by Mr. Knapp. I am one of the seamen belonging to the same ship with the last witness.

Q. Do you remember failing from Dunkirk with the captain? - A. Yes.

Q. Do you know a person of the name of Van-Haverbach? - A. I know him by sight.

Q. Do you remember seeing the captain and Van-Haverbach together at Dunkirk? - A. I only saw them together when the papers were given.

Q. Was Pop with you at that time? - A. Yes.

Q. Do you know what those papers were? - A. I only heard say they were Bank-notes.

Q. Who did you see give any papers? - A. Mr. Haverbach gave papers to the captain, he said, there are two Bank-notes, which I give you to purchase goods with.

Q. Did Van-Haverbach say in what country the goods were to be purchased? - A. I did not hear that.

Q. Have you ever seen the captain since he has been apprehended? - A. No, I have not.

  PETER OVERT sworn. - Examined by Mr. Const.

Q. Did you fail from Dunkirk with the captain? - A. Yes.

Q. Do you know Mr. Haverbach, of Dunkirk? - A. I know him by sight.

Q. Did you see him with the captain before you failed? - A. Yes, upon the quay.

Q.What passed between Mr. Haverbach and the captain? - A. I saw him give the captain two Bankpapers to purchase goods with.

Q. Did you hear Haverbach call these papers by any particular name? - A. He called them Banknotes.

Q.Have you seen the captain, or had any conversation with him since he has been taken up? - A. I went once to him to carry him some linen.

Q. Do you know any thing more that passed between Haverbach and the captain? - A. Nothing more.

The prisoner called three Dutch captains, who had known him from twelve to twenty years, and gave him a good character.

GUILTY of uttering, knowing it to be forged , Death . (Aged 55.)

Tried by a Jury of half foreigners, before Mr.   Baron THOMPSON .

 

184.   THOMAS RADFORD and   THOMAS WILLIAMS were indicted for feloniously stealing, on the 13th of January , in the dwelling-house of   John Hartshorne , a seven shilling piece, a Bank

note, value 10l. a Bank-note, value 2l. three other Bank-notes, each of the value of 1l. and two other Bank-notes, each of the value of 5l. the property of the said John Hartshorn .

  JOHN HARTSHORN sworn. - I keep a house in  Great Tower-street , I am a cheesemonger : On the 13th of January last, I perceived that a locker in my shop had been robbed, as near as I can ascertain, of between thirty and forty pounds, it was not broke open, it was locked when we perceived it, and by the circumstances of the case, I was well assured it must be done by somebody in my house, because the locker was not broke open, it had been unlocked, and locked again; this was about ten o'clock in the evening; I then had my servants called together, and I charged them with the robbery; and I thought it was a fair way that they should undergo a search; on searching   Thomas Williams , I found a half crown piece, and I asked him how he came by it; he then told me, it was the amount of pence and two-pences people gave him when he carried out small jobs; I asked him how he converted them into half-a-crown, but he could not tell me; I then told him, he was a thief, and said, if he would not hide any thing from me, I would be as favourable as the law would permit me.

Court. Q. Did you say that before he had made any confession at all? - A. I think I did.

Court. Q. Did you know any thing particular about the half-crown? - A. I will tell you my reason why I think he did not come by it honestly; he was a poor lad, and asked me if I would employ him; in consequence of his being very short of clothes, I told him, I should give him a little money for his pocket, and lay his wages out in clothes, till he was properly equipped out; the consequence was, I knew he had but a few shillings in pocketmoney, that led me to suspect him; he then fell upon his knees and confessed that   Thomas Radford , a soldier, was concerned with him, he then went to my stable, and brought me out some few shillings less than five pounds in money and Bank-notes hid in the wall; I don't know the notes he produced.

Court. Q. Did you take up Radford? - A. I did; on the Sunday, I had an officer, and took up Radford coming out of the Tower, and the constable brought him to my dwelling-house, in Tower-street, and I had them face to face, and he denied it all along.

Court. Q. Did you search his quarters? - A. I will inform you; he denied knowing any thing about the boy, then the boy informed me, that on the Saturday morning, he stole two notes out of this locker, and that they bought a key on Tower-hill, to fit the locker; I cannot inform you what Banknotes they were, because there were many in the locker, to the amount of between thirty and forty pounds; and he gave the lad one of them; when he found the lad made all those charges against him, he confessed, and I made him the same promises I did the lad, that I would shew him all the favour the law would allow me.

Court. Q. Did you get the note from him? - A. He told me that his wife had got the note, and if I went to her, she would give it me; here is the note, it is five pounds; I know the note from the mark upon the back of it; (the note shewn to the Jury); there is a mark of 12l. upon it, an account of what I had received the day before; I was treasurer of the Inquest, and I put down that mark upon it; I have got no more than this five pound note and likewise a two pound note, which the boy left with a watch-maker.

Cross-examined by Mr. Peat. Q.How many others did you write upon? - A. I wrote upon none.

Q. Are you in the habit of writing upon them? - A. No.

Q. How many partners have you got? - A. None; I have a brother that manages for me.

Q. Does the house you speak of belong to you? - A. To me.

Radford's defence. I have nothing to say, I leave it to my Counsel; the notes I had, I found in the sweepings of the shop; I saw some papers lying, and I shewed them to Williams; I cannot read nor write; I gave him one; that is all I have to say.

William's defence. The note was given to me by this man, Radford, I don't know where he brought it from, he said he had found it.

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

Radford, GUILTY (Aged 22.)

Williams, GUILTY (Aged 19.)

Of stealing to the value of 39s.

Transported for seven years .

Tried by the London Jury, before Mr. Justice ROOKE.

 

185.   JANE LOWE was indicted for feloniously stealing, on the 20th of January , six shillings in money , the property of   William White .

  WILLIAM WHITE sworn. - I am a taylor ; I was robbed on the 20th of January: On Saturday night, about twelve o'clock or rather after, I was going up the  Hay-market , I met this woman, the prisoner at the bar, and she asked me if I would give her any thing to drink; I was not quite sober, there was another woman with her; I said, I had no objection in the world; I immediately felt two women's hands round me, and I felt something in my waistcoatpocket; I felt in my pocket, and found I had only a penny piece left, a copper piece; I believe I had six or seven shillings, I cannot tell exactly which; we went to a public-house, and I

met with a person I knew, I sent for the watch, and just as the watchman came to the door, I told her I was a very poor man, and she returned me five shillings of the money; the watchman then went again upon his beat, the woman followed him; and I followed after her, and gave the watchman charge of her; I cannot swear to any of the money that she gave me back.

  PATRICK ROSE sworn. - I am a watchman in the Hay-market: This man sent for me, and at the corner of Suffolk-street, he charged this woman with robbing him; she seeing me come into the public-house, gave him five shillings; I went up the Hay-market, and in about twenty minutes afterwards, he charged her, and I brought her to the watch-house.

Prisoner's defence. I was going to St. James's market, and as I was going along, I met with a woman, and the prosecutor, who asked me to drink; I had seen him in the market before; I went to the bar of the Cross public-house, and when they came to the bar, he said, he had lost his money, he charged me with having robbed him; I said, I had five shillings about me, and I would give him that; and if I had had twenty pounds in my pocket, I would have given it, rather than come to such an awful place as this.

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

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

186.   THOMAS SMITH was indicted for feloniously stealing, on the 12th of January , one half-crown piece , the money of   Joseph Coulse .

  JOSEPH COULSE sworn. - I am a tin-man , a journeyman : we had a suspicion of money being taken out of the till several times, and we took notice of what money we left in the till over night, and there was always so much taken out of the till that we had left in; and the night before the prisoner was taken up, I put some money into the till, and I marked it all.

Court. Q. How much money did you mark? - A. Four half-crowns, seven shillings, and five sixpences; the next morning, after marking the money, I went into a room adjoining the shop, and I saw the prisoner go to the till, and take out something, this was about a quarter before eight o'clock; I went and looked at the till, when he was gone to his work, and I missed the half-crown; the night before, I sent to acquaint a constable about it, and desired him to be in readiness at a public house; I went to him, and he came to the house, and searched the prisoner, and found the half-crown upon him, he came about eight o'clock in the morning; he also found a pick-lock key; he took him away, and had him before a Magistrate.

Court. Q. What was the mark you put upon it? - A. I filed it on the edge; I can swear to it.

Cross-examined by Mr. Jackson. Q. Had you marked the money at any other times? - A. Yes, the night before that; but never before that.

Q. What mark did you put upon the other half-crowns? - A. I marked them with a punch; several were marked with a punch, and two were marked with a file.

Jury. Q. You said, if I understand you right, you had prepared a constable on the preceding night that you were robbed, ready against the next morning? - A. Yes.

Q. Now, I believe, the prisoner is not the first that you have prosecuted for the same offence? - A. Never before.

Mr. Matthews. Q. Had you any other people about the shop? - A. Yes; we had another lad besides him.

JAMES KENNEDY sworn. - I am an officer belonging to Marlborough-street office: The prosecutor sent for me on the 11th of January, and desired me, the next morning, to wait at the Duke's-head public-house; I went about a quarter before eight o'clock, and the prosecutor came to me, and desired I would go with him; I went to his father's house with him, and he called the prisoner at the bar out of the work-shop, and he told me that was my prisoner; I asked him what he had been robbed of, and he told me a half crown-piece; I searched the prisoner, and found a half-crown-piece in his pocket; I searched him again, and took a picklock key out of his pocket, it was made of a piece of wire, then I took him to the Magistrate; I have kept the half-crown-piece from that time to this.

Court. (To Prosecutor.) Q.Look at this half-crown, is this the same? - A.I have no doubt about it, because it is marked on the edge.

Mr. Jackson. Q. When you paid him his week's wages it was not impossible that a halfcrown, like this, might be amongst the money you paid him? - A. Very unlikely; I will take upon me to swear that was not amongst the half-crowns I paid him.

The prisoner did not say any thing in his defence.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

187.   THOMAS WHITNEY was indicted for feloniously stealing, on the 3d of February , one linen table-cloth, value 1s. 6d. the goods of   Thomas Horpole .

  THOMAS HORPOLE sworn. - I am a publican : I lost a table-cloth on Saturday night the 3d of February,   Thomas Whitney was at my house drink

ing a pint of beer, and he went backwards and put a small table-cloth into his pocket, I did not see him do it, but the next morning I saw it in his pocket, this happened about half an hour past ten at night; my servant saw him go into the next house to lodge, and my suspicions fell upon him, and I went to the next house and found the table-cloth; I asked him how he came by it, and he said he did not know; I knew it to be mine by the marks; I made him bring it down stairs into the tap-room I sent for a constable and had him taken up; I have kept it from that time to this. (Produces it.)

Court. Q. What mark is there upon it? - A.The letter H, I can swear to it by that, and a small rent in the side.

Prisoner. Q. Did you see me take it away? - A. I did not.

  CHARLES WALPOLE sworn. - I am a constable belonging to St. Margaret's, Westminster: On the 4th of February, Mr. Harpole sent for me, and said he had been robbed of a table-cloth; I went to his house, and the man was there; I saw the table-cloth, and it has been in Mr. Harpole's custody ever since.

Prisoner's defence. I was at this person's house the night before, along with a number of people, and they were much intoxicated, and I was so myself; I think they must have put it into my pocket, I should not have taken it away.

Court. (To Prosecutor.) Q. Were there a number of persons together making merry? - A.There were none in his party.

GUILTY (Aged 36.)

Publicly whipped, and discharged .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

188.   CHARLOTTE WALKER was indicted for feloniously stealing, on the 21st of January , 3s. in money , the monies of   Thomas Creswell .

  THOMAS CRESWELL sworn. - I work in the leather line : I was coming down  Drury-lane , about five o'clock in the morning, I had been in bed, but was taken very ill, and was obliged to go down stairs; as I was going to get something to drink, I met this woman in the street, and she closed her arms round me, and while I was defending myself and pushing her off, she put her hands into my pocket and took out three shillings, and left two counterfeit halfpence in the room of the money, it was the left-hand pocket of my breeches; I called the watchman immediately, and we went to the watch-house; while we were going, a woman joined her, and walked by the side of her for the space of ten or fifteen yards, I suspected she had received the money from the prisoner; when she was searched at the watch-house she had no shillings about her, only a counterfeit dollar.

Court. Q.When had you occasion to look into your pocket before this? - A. I had my hand in my pocket, and the money, when I met her.

Q. Were you sober? - A. Yes, I was; the constable of the night saw I was sober when I gave charge of her.

Q. When was this? - A. On the 21st of January.

  THOMAS ADAMS sworn. - I am a watchman: Close by my box I heard this man crying out watch, I went where he was, and he gave me charge of her; I found nothing in her pocket but a counterfeit dollar, and two bad halfpence; there was a woman that followed us best part of the way to the watch-house, they were close together. I drove her off.

Prisoner's defence. About five o'clock in the morning, I was going for some raisin wine for a poor woman who had been poorly for some time, and as I was going into the house for it, the prosecutor came out with three other women, and he asked me if he should go home with me; I told him, no, and then he called the watch, and said I had robbed him; I told him, how can you say that you have been robbed, when you know the women said you had hardly money enough to pay for the last liquor you called for; he said, I had robbed him of three shillings, and he pulled me about a good deal.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

189.   WILLIAM INGRAM was indicted for feloniously stealing, on the 11th of February , forty pounds of mutton, value 10s. the goods of   Thomas Barnes .

  THOMAS BARNES sworn. - I am a butcher , I was robbed on Saturday night, the 10th of February, about half after eleven o'clock; the mutton was taken from the front of my shop, I did not see the prisoner take it, the next morning the watchman stopped the prisoner with it, I saw it at the watch-house, it was a whole carcase of mutton, it weighed about forty pounds, or thereabouts.

HENRY WADE sworn. - I am a watchman belonging to St. James's parish; between the hours of twelve and one o'clock, I stopped the prisoner, near Hopkins-street, Golden-square, with the property upon his shoulder, I asked him where he had brought it from, he told me, from Oxford-market; I told him, if he would not satisfy me, he must go to the watch-house, and give a better account of it; at the top of Greene's-court, just facing Brewer's-street, he threw it down, and said, he would not carry it any further; I saw another of my brother watchmen, and called him to take charge of the prisoner, I took up the mutton, and carried it to the watch-house, I saw the prosecutor

at the watch-house about nine o'clock the next morning, and he claimed the mutton.

- JOLLY sworn. - I work for Mr. Barnes; I dressed the sheep, I saw it just as the watchman went twelve o'clock, I was called in to supper, and when I came out again, the sheep was gone, I went in, and told my master the sheep was stolen; I saw the sheep the next day, I know it from a hundred, for when I cut it down, the fat fell, and let the kidneys down, and it was skewered up, and the skewer was in it exactly as I skewered it.

Prisoner's defence. As I was coming down Carnaby-street, there was a man dressed in a striped jacket, and white apron, he had got this sheep upon his back; as I was passing him, he said, butcher, if you will take this sheep to Compton-street, I will give you a shilling, I took the sheep, and as I was going along, the watchman stopped me with it.

GUILTY . (Aged 27.)

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

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

190.   JOHN UPTON was indicted for feloniously stealing, on the 26th of July , one linen sheet, value 5s. the goods of   Patrick Bradley .

  PATRICK BRADLEY sworn. - I let lodgings ready furnished; in March 1796, I let the prisoner a furnished room, up two pair of stairs, at three shillings a week; he went away in July last, there were several things missing out of the room, I met him afterwards, and he returned some of the things the sheet still remained missing; I heard he went into the country, and when he came to town, I took him before a Magistrate, at Worship-street office; I charged him with taking the sheet, it is now in Court, I know it to be mine by the different marks upon it; there is P.B.M. I can swear to it by that mark.

  ALEXANDER LEE sworn. - I am a pawn-broker; I produce the sheet, it was pawned with me, on the 13th of April, by a woman, who called herself Mary Upton, I gave the woman a duplicate.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

191.   THOMAS LEE was indicted for feloniously stealing, on the 22d of January , one linen table-cloth, value 2s. the goods of   Richard Dawkins .

ANN DAWKINS sworn. - I am the wife of Richard Dawkins, who keeps a public-house ; I lost a table-cloth on the 6th of November, Mr. Bly came into my house, and asked me, if I had lost a table-cloth, I looked and found I had; I saw the table-cloth the same day, I know it to be mine by the mark, there is the whole name of   Richard Dawkins stamped upon it, the colour of the letters are red, I will swear it is my property, the prisoner was quartered at our house at that time.

  JOHN BLY sworn. - I am a constable belonging to St. James's, Westminster; I went to Mr. Brown's, the pawn-broker's, I saw a tablecloth there, marked   R. Dawkins, he lives in St. Margaret's parish; I did not take it away, but I gave information to Mrs. Dawkins, I know it again, I saw some of the same kind at her house, marked in the same way.

  JAMES COURTANY sworn. - I am shopman to Mr. Brown, I produce a table-cloth;   Ann Gould brought this table-cloth to pawn, on Monday the 22d of January, about twelve o'clock, I have kept it from that time to this, our house is about a quarter of a mile from the house of Mrs. Dawkins.

  ANN GOULD sworn. - I was in a public-house, having some beer, at the Green-man and Still, the corner of Bear-street, Westminster, and a soldier came to me, and asked me, if I would go and pawn the cloth; I asked him if it was his, and he said, yes; he told me to get as much upon it as I could, I went to Mr. Brown's, and asked two shillings for it; Mr. Brown asked me, whose it was, I told told him, a soldier's, and that he was at the Greenman and Still, he told me to go and send him to him, and the soldier went immediately to Mr. Brown's, that is all I know about it; I have seen him before, but have no acquaintance with him.

Court. Q. How came you to be made a witness? - A. The pawnbroker knew me, I have lived near him about nine years.

Q.(To Courtnay.) Did the prisoner come to your house? - A. Yes; I asked him where he lived, and he told me, he lived at a public-house, Prince's-street, he said, his name was Dawkins; I went to the house where he told me he was quartered, but could not find any such person; we stopped the sheet, I told him, I would make inquiries about it, and if he came by it honestly, he should have it again.

Mrs. Dawkins. This is my property, I have others at my house of the same sort.

Prisoner's defence. I got up to work in the morning, and I found it.

GUILTY (Aged 28.)

Judgment respited to go into the army or navy .

Tried by the second Middlesex Jury, before Mr. RECORDER.

 

192.   WILLIAM SAUNDERS and   WILLIAM CHAMPNESS were indicted for burglariously breaking and entering the dwelling-house of   William Taylor , on the 5th of February , with intent to steal his goods .

  WILLIAM TAYLOR sworn. - I live at No.  4, New Pye-street, Westminster ; on the 5th of this month, at half past ten o'clock at night, I was not gone to bed, I heard a noise in the passage, and at the door of the house; I took a candle and went out to see what the matter was, and I found the watchman and Saunders in the passage together; the watchman asked me, if I knew him; I told him, I did not; he told me, he believed he had not come there with any good intention, and desired me to stop by him, till he went into the yard to see if there was any other person about the place or not; the watchman went and looked, and he returned again, and found nobody; he said, he was still doubtful that he might have some confederates, and desired me to look about the house; my wife took a candle and went up stairs, when she had got almost up to the top, she called down to me, and told me, that there was somebody upon the stairs; I immediately went up stairs, and I found Champness upon the landing-place of the two pair of stairs; I asked him what he was doing there at that time of night, he told me, that he wanted serjeant Miller; I told him, that serjeant Miller did not live there, and I desired him to be so good as to walk down stairs; I gave him a direction where serjeant Miller lived; as soon as he came down stairs, the watchman said he knew this young man well, then I told them, they might go about their business.

Court. Q. When you went up to bed, what kind of security did you leave your house in-in what way were the doors fastened? - A. I sleep down stairs in the parlour.

Q. How were the doors fastened? - A. They were fastened with a bolt.

Q. What did you go up stairs for? - A.Because the watchman said, he thought he had confederates with him.

Q. What situation was the door and windows in? - A. The front door was upon the latch before I went to bed; when I was going to bed, it was nearly eleven o'clock, the watchman came to the door, and knocked at the door again, and he asked me, if I had lost any thing, I told him, I had not, he said, he was very glad to hear it, for he had a very great suspicion of them; that was all that passed between us, then the watchman went away, and I fastened the door; by the watchman saying to me, he had a great suspicion of them, a thought struck me of this room where the clothes were hanging, I took a candle and went up stairs, and I found the room door open, there were some shirts hanging up to dry, and some taken off.

Court. Q. What was become of those shirts? - A. There were some laying on the floor, they were rolled together apparently, I have nothing farther to say.

Cross-examined by Mr. Knowlys. Q. Are you the owner of the house? - A. I rent the house.

Q. You don't keep the house entirely to yourself, you let it out to a number of lodgers? - A. I do.

Q. And till a certain hour arrives, the door is only kept on the latch? - A. Only on the latch.

Q.Therefore your locking-up time was not arrived, for near half an hour? - A. I sometimes lock up the house at nine, and sometimes later.

Q. Any of your lodgers coming into the house, might have left the door open? - A. I believe I was the last man up in the house.

Court. Q. How long was it, from the time of your going up stairs, to the time of your going to bed? - A. It was half an hour.

Mr. Knowlys. Q. You yourself will not swear, that the door might not be left accidentally open by the lodgers coming in, and the man might come in by the door being open? - A. Such a thing might be done; when I came in, I left it upon the latch.

Q. It is very possible one of your lodgers might have left the door open, and this man have come in? - A. It might be possible.

Q. The man Champness enquired when you saw him for serjeant Miller, where does he live? - A. He lives within one hundred yards, in another street in the neighbourhood, and I directed him to serjeant Millar, on the watchman saying he knew him.

Q. In point of fact, the young man is decently connected? - A. I know nothing to the contrary.

  ROBERT GREENLAND sworn. - I am a watchman of St. Margaret's: About half-past ten o'clock, I was going round on the 5th of this month, and I came to the house of the last witness, I saw Saunders standing at the door, I asked him what he did there, he told me he was waiting for a man coming down stairs, I immediately took him by the collar, and shoved him into the passage, and bolted the door upon him; in the bustle I called out for serjeant Taylor, and he came out to my assistance; I asked serjeant Taylor if he knew him, he said he did not; upon looking backwards, I found the yard door open; I told the serjeant to look after the prisoner; I went into the yard, but found nothing at all; I ordered serjeant Taylor to go up stairs, to see if any body was there, the serjeant took a candle and went up stairs, and brought down the prisoner Champness, I was quite surprised to see him come down stairs.

Court. Q. Did you know Champness before? A. I knew Champness from a child; I asked him what business he had there, and he told me he came after one serjeant Miller; then I asked serjeant Taylor what he meant to do with them, and immediately serjeant Taylor said, there is nothing upon them, let them go about their business.

Cross-examined by Mr. Knowlys. Q. At the time you saw Saunders, the door was open? - A. The door was open when I found him, he was standing inside of the door, with the door open.

Q. You knew Champness before? - A. Yes.

Q.He was a lad very reputably connected, and his father likewise? - A. Yes; he told me the same story he told the serjeant, that he thought serjeant Miller lived there.

  ELIZABETH BACON sworn. - Court. Q.What do you know about this business? - A. I was the person who hung the shirts up upon the line, there were eighteen, I left them there about seven o'clock, they were all safe then, to the best of my knowledge; they were in a one pair of stairs back room.

Cross-examined by Mr. Knowlys. Q.This was Taylor's linen was it not? - A. Yes.

Q. Mrs. Taylor took care of them? - A. Yes.

Q. She was at home that evening? - A. Yes.

Q. You cannot tell how often she went up to the room that evening? - A. I cannot.

  JAMES BLY sworn. - I know nothing as to the fact; I apprehended Champness the morning after; I know nothing more about it.

Mr. Knowlys. Q. You found him at his father's house? - A. Yes, I did.

- WATMORE sworn. - I am a constable belonging to St. Margaret's parish, Westminster: It was my night to set up, on the 5th of February, the prisoner Saunders was brought in by the watchman, he said he had taken him up upon suspicion, finding him at serjeant Taylor's door; I searched him, and found nothing about him but an old black handkerchief; that is all I know about it.

Court. Q.(To Taylor.) You first of all said you was the last person up in the house, when this bustle happened, were all your lodgers in the house? - A. I cannot pretend to say.

Q. How many people were up in the house then? - A.This woman was there, my wife and myself, and another man.

Q.Was he in your house at that time? - A. In my house at that time, they were all in the parlour together.

Q. Was that woman there at the time of the first bustle? - A. Yes.

Court. Q.(To   Elizabeth Bacon .) You were in the house at the time this bustle happened of the watchman coming in? - A. Yes, I was in the parlour.

Q. Who was with you? - A. I know nothing of the man; serjeant Taylor was with me in the parlour, and his wife.

Q.(To Taylor.) Who was this man? - A. A friend of mine, we were all four there at the time of the bustle.

Mr. Knowlys. Q.(To Taylor.) How many lodgers have you? - A. I have three families live in the house.

Court. Q. Were all those families in bed, or up stairs, when this bustle happened? - A. To the best of my knowledge they were, I cannot be positive.

Q. Did none of these persons that were with you in the parlour open the street door? - A. No, I don't recollect they did, they were all three in the room.

Mr. Knowlys. Q.(To   Elizabeth Bacon .) Do you know of any person that was in the parlour going out to open the street door? - A. No, I do not.

Q. Do you know whether the rest of the families were in bed at this time or not? - A. I cannot say whether they were all up stairs at that time.

Q.(To Taylor.) You believe all the rest of the families were gone up stairs at the time this bustle was discovered at the door? - A. I know nothing to the contrary, I cannot pretend to say.

The prisoners made no defence, but Champness called two witness, who gave him a good character.

Both NOT GUILTY .

Tried by the third Middlesex Jury, before Mr. Justice ASHHURST.

 

193.   CHARLES COLLINS was indicted for feloniously stealing, on the 31st of January , a linen shirt, value 3s. a woollen apron, value 12d. and a pair of worsted stockings, value 12d. the goods of   William Delaney .

  WILLIAM DELANEY sworn. - I live just by the  Pantheon ; I lost the articles in the indictment, on the 30th of January, it was on a Tuesday; I brought them from my washerwoman, and set them upon the tap-room table, and   Charles Collins took them from the table, and put them upon the seat behind him; it was in the house I lodge in.

Court. Q. What did the prisoner do with them? - A. On going to bed he took them up stairs with him.

Q. When did you first discover you had missed your things? - A. The next morning, I did not miss them over night, he was in the tap-room at the time.

Q. Did you see any other persons in the taproom? - A. Yes, there were some others; I asked for my things, and the maid told me she saw Cha Collins take them; I had him taken to Marlborough-street.

Q. Did you ever see those articles you lost? - A. Yes; I saw them in Marlborough-street the next morning after they were lost.

MARY ROSE sworn. - I am servant at the public-house; the name of the public-house is the sign of the Crown.

Court. Q. Were you at home on Tuesday the

30th of January, when Mr. Delaney lost his property? - A. Yes.

Q. Did you see him bring the property into the tap-room? - A. No; I saw the prisoner at the bar take the bundle off the tap-room table, and lay it upon the bench, between the hours of nine and ten, I did not see what was in it; after some time he went up stairs to bed, the prisoner is a lodger in the house, that is all I know about it.

Court. Q. Did he take it up with him to bed? - A. Yes; I saw him do it.

Q. What sized bundle was it? - A. It was a small bundle; it was in a handkerchief, I cannot tell the colour.

Q. Was the other man in the room, Delaney? - A. No; he was gone up stairs to bed at the time; I did not take any notice to any body, till I was asked the next morning about it.

Q. What passed the next morning? - A. Mr. Delaney asked me if I had seen a bundle, and I told him I had.

Q. Did you ever see it in the prisoner's room? - A. No.

Court. Q. Are these articles mentioned in the indictment your property?

  William Delaney . These articles are mine - a shirt, a woollen apron, and a pair of worsted stockings; they were all tied up in a handkerchief, it is a red handkerchief with white spots.

  JONATHAN M'CARTHY sworn. - I am a pawnbroker's servant; I produce a shirt, and a handkerchief round it, a coloured cotton handkerchief; I took it in on the 1st of February of the prisoner at the bar, in the morning about nine o'clock.

Court. Q.What did you lend upon it? - A. Two shillings; I gave a duplicate to the prisoner; I never saw the prisoner before, I am sure it is the same person; I have kept the things from that time to this. (Produces them.)

Q.(To Delaney). Is this your property? - A.This is my property; there is no mark upon it, but I know it to be my property, because just at the bottom there is a little of the rim to be seen; it was made for me, I can swear to it; that is my handkerchief, it is a figured cotton, there are white spots in it, I can swear to it.

EDW. CALVER sworn. - I am a pawnbroker's servant; I produce a woollen apron, and a pair of worsted stockings; they were pawned on the first of February by   Charles Collins ; I can swear to his person.

Court. Q. Did you deliver a duplicate? - A. Yes; I lent one shilling on them; our house is in Drury-lane, my master's name is David Lloyd.

  WILLIAM PRICE sworn. - I belong to Marlborough-street office: I apprehended the prisoner on the first of February; Mr. Delaney came to the office and told me he was robbed; I immediately went with him, and found the prisoner at the Crown, in Oxford-street, and he gave charge of him; he told me, when I was searching him, he would tell me where the duplicates were, he told me they were in a glove at the bottom of Blenheim-steps; I found the duplicates in this glove, there are two duplicates.

Court. Q. Had you made him any promise of favour? - A. No; I asked him what he had done with the money, 2s. on one duplicate, and 1s. on the other; he said he would shew me where the money was; I went to the Crown ale-house, up two pair of stairs, and, on the landing-place, in a flower-pot, I found 1s. two 6d. ten pennyworth of halfpence, and two farthings; he said he had had only a pennyworth of purl, and a halfpenny worth of gin in it out of the money. (The duplicates produced, one is in his own name).

Q.(To M'Carthy). Is this your duplicate? - A. Yes; this contains only the shirt, the handkerchief he left to wrap the shirt in, I did not mention that on the ticket.

Q.(To Calver). Is that your duplicate? - A.This contains an apron and hose, this corresponds with my tickets.

Prisoner's defence. I am sorry for what I have done, I never did such a thing in my life before.

GUILTY (Aged 47.)

Privately whipped and discharged .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

194.   JAMES FRETTER was indicted for stealing, on the 18th of January , a cotton waistcoat, value 5s. the property of   Charles Wooller .

  CHARLES WOOLLER sworn. - I was servant to a captain belonging to a man of war, who was shot the second broad-side, and I was wounded: I employed a man to carry a bundle from Charing-cross to Wapping stairs; I am discharged from the service; he was a stranger to me; we went together, and going along the road I missed him for about half an hour, and could not find him; when I found him, he told me that the Customhouse officer had took him into custody to search him, to see if he had any smuggled goods; he went home to the house with me, and I paid 18d. for carrying it; as soon as I got into the house, I opened the bundle, and missed the waistcoat out of the bundle; I pursued after him that night, but could not catch him; the next day I went down to Charing-cross.

Court. Q. Was it a cotton waistcoat? - A. It was a kind of an India waistcoat (produces it); I saw him the next day at Charing-cross, I asked him if he was not the man that carried the bundle for me, and he denied it.

Court. Q. Had you any doubt about it? - A.

No; I knew it was the man, he denied it, and said he was not the man; I insisted upon it that he was the man, and he took me by the collar and used me very ill; some gentleman came by and told me I must get a constable and take him up; I could not get a constable, but I took him up with another man, I then went to the Justice's, and the Justice said I must appear agian at eight o'clock.

Q. Do you know the man's name that shewed you the waistcoat after it was lost? - A. I saw it in this man's hands that bought it, I don't know his name.

Q.How soon after you missed it, did you see it in that man's hands? - A. The day after it was stolen.

Prisoner. Q. Did you hire me as a porter? - A. Yes, I did.

Q.(To Wooller). How was this bundle tied up? - A. It was tied up in a handkerchief.

  RICHARD AINSWORTH sworn. - I belong to the Queen's stables; I was drinking a pint of porter, with a friend, at the Mew's-gate, and the prisoner brought the waistcoat in, it was upon the 18th of January, about half after nine, or very nighteen o'clock at night.

Q.(To Wooller.) What time of the day did he go to Wapping with you? - A.About six o'clock in the evening.

Amsworth. I asked him the price of it, he asked me half a crown; there were a great many in company looked at it, some tried it on; I knew the man very well, he was a very poor man, he had got a wife and four children; I took pity on him, and gave him half-a-crown for it.

Court. Q. Did you not ask this man how he came by such a waistcoat? - A. I asked him if it was his own property, and he said, yes; I have known him about three years; I have been in the Queen's service five-and-twenty years. This is the same waistcoat that I bought of the prisoner.

  WILLIAM HAYNE sworn. - I am a constable: I had the waistcoat from Bow-street, Mr. Bond, the fitting Magistrate, desired I would take it to Mr. Ainsworth; I have kept it from that time to this.

Q.(To Mr. Ainsworth.) How came you to carry it to Bow-street? - A. I was out with the coach, and when I returned, the landlord of the house came and told me, that the waistcoat belonged to the black; I met the black, and I told him I had bought a waistcoat, and I believed it belonged to him; I went to Bow-street with the waistcoat under my arm.

Prisoner's defence. This man came and hired me as a porter, from Charing-cross; he took me up three pair of stairs, in Johnston's court, there were three women of the town there; I took the bundle, and went directly with him, I never was out of sight of him till I carried it to Wapping; we called at a public-house and had a pint of beer; when I delivered the things into his possession, he said, they were all right, I returned back to Charing-cross directly. GUILTY (Aged 33.)

Confined six months in the House of Correction , publickly whipped, and discharged .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

195.   SARAH TURNER was indicted for feloniously stealing on the 16th of January , two cotton gowns, value 10s. two linen shifts, value 2s. a flannel petticoat, value 6d. and two cotton neck handkerchiefs, value 2s. the property of   Mary Curtis .

  MARY CURTIS sworn. - I live with my master, his name is Peele, he is a postman, No.  24, Holywell-yard : I was robbed on Tuesday the 16th of January, the prisoner was a stranger; the property was taken from the kitchen, it was in a box, it was not locked, I did not see the prisoner in the house; I missed my things between five and six o'clock in the evening, I have seen them since at a pawnbroker's in Oxford street, it was on the same day I lost them; between seven and eight the same evening, I brought them from the pawnbroker's.

  CHARLES PEELE sworn. - I am a postman, I was the master of the girl at that time: On the 16th of January, when I came from work, the girl said, there had been a thief in the kitchen; I searched the box, and found those things gone; I went to the pawnbroker's, his name is Makeweight, the bottom of Oxford-street; I saw the prisoner in the pawnbroker's shop, with the gown in the her hand, it was a cotton gown; we then went to her lodgings, and found the other gown, the petticoat, and two pair of stockings, under her bed, and the tail of a cotton gown, and two neck-handkerchiefs; one shift we never found at all; the constable then took her into custody.

  WILLIAM BROWN sworn. - I am a constable belonging to Mary-le-bonne; I was at the pawnbroker's, I brought the shift and gown from the pawnbroker's, I went to the prisoner's lodgings, I found a cotton gown, a tail of gown, a stannel petticoat, and two handkerchiefs, I marked them all, and the girl has had them ever since.

Prosecutor. I can swear those articles are my property, the two neck handkerchiefs I made, and have worn them two years, the gowns are of two figures, they are both mine, the petticoat I made.

Prisoner's defence. I have nothing at all to say, I am only sorry I did not do it effectually.

GUILTY (Aged 25).

Transported for seven years .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

196.   ANN BAYLIS was indicted for stealing, on the 20th of March , two muslin handkerchiefs, value 8d. and two cotton handkerchiefs, value 2d. the property of   Haygarth-Taylor Hodgson ; she was also detained on the oath of Haygarth-Taylor Hodgson, for stealing two muslin aprons, the property of   Eleanor Baines .

HAYGARTH-TAYLOR HODGSON sworn. - I keep a house, No.  6, Great Mary-le-bonne-street , the prisoner at the bar lived servant with me, for upwards of nine months, we had her from Gerrard-street, we missed several things during the time, but having a good opinion of her, did not suspect her, after she left me, several things we also missed, and hearing she was come to live in the neighbourhood, we had a handkerchief brought by a Mrs. French, who was housekeeper in the house where the girl lived, it was a muslin neck handkerchief; in consequence of that, my wife and I went to the house where she lived, we knocked at the door, and the prisoner let us in; I followed her closely down stairs to the room of the housekeeper, where I told her she must be very conscious of what my business was there; the handkerchief was shewn to her, which she said was her's, we asked her to let us see what things she had in her boxes, she said, she had nothing but her own, and she should not shew them; upon that I went to Marlborough-street, and got an officer, and apprehended her, she then let us featch her boxes, and the articles we found, that are mentioned in the indictment, except the handkerchief, I found a muslin handkerchief, a cotton handkerchief, and two muslin aprons; the officer took them, and has had them ever since.

Cross-examined by Mr. Alley. Q. This girl lived with you about ten months ago? - A. Yes.

Q. When the box was searched, there was nothing that you could swear to? - A. There was not.

Q. Were there any marks upon this handkerchief? - A. Yes, there were.

Q. Was not this box searched when she left your house? - A. No, it was not.

  ELIZABETH HODGSON sworn. - I am wife to the last witness, I know the articles, I saw the handkerchief that was brought by the woman, her name is French; I have not got it, the officer has it; I saw the other articles taken out of the box, and a great many more things, which I did not swear to.

Cross-examined by Mr. Alley. Q. Madam French brought you this handkerchief? - A. Yes.

Q. Mrs. French came backwards and forwards to your house? - A. No; I had no acquaintance with her.

Q. She came to sell you she had got a handkerchief? - A. Yes, she did.

Q. I want to know the reason Madam French did not come to day? - A. I do not know.

Q. You never saw this handkerchief in her possession? - A. Yes I have.

Q. I ask you, on your oath, whether you ever saw the handkerchief in the prisoner's possession? - A. Yes, I did, after it was taken into the kitchen.

Q. Have you never given the prisoner an old pocket handkerchief? - A. I never did.

  ABRAHAM BERRY sworn. - I am an officer belonging to Marlborough-street: I was present when the prisoner's box was searched; I found a cotton pocket handkerchief and two muslin aprons; the handkerchief that came from Mrs. French was delivered to me by Mrs. Hodgson; they have been in my care ever since.

Mr. Hodgson. I can speak to the pocket handkerchief, being one that I had worn pretty often, there is an J. P. at the corner, it is a figured one.

Mr. Alley. Q.This handkerchief was a love gift? - A. No, it was not.

Q. Do you mean to swear, upon your oath, that was your handkerchief? - A. Yes, I do mean to swear I had such a handkerchief as this; there is no mark upon the apron, but it belonged to a sister of mine, we gave it to Elizabeth Baines.

Mrs. Hodgson. I can swear to the handkerchief brought by Mrs. French, by a mark made with my own hair in the middle of it; the other muslin handkerchief that is my property, I know it by a darn there is in the side of it, I darned it myself; the cotton pocket handkerchief I know that to be Mr. Hodgson's; the two muslin aprons both of them I know to be the property of the young woman; one of them was mine, the other I know by a darn in one side, and by the pattern likewise.

Court. Q. How long had she been at your house? - A. About nine months.

Mr. Alley. Q. The handkerchief that was marked, was the handkerchief that Mrs. French brought? - A. Yes.

Q. The handkerchief was not marked when you found it? - A. No.

  ELIZABETH BAINES sworn. - I have lived in the house of Mrs. Hodgson better than fourteen months; during that time I lost two muslin aprons; this is my apron, I know it by a mark at the bottom; the other is mine, there is a darn upon the side of it; I missed them during the time the girl lived in Mrs. Hodgson's service.

The prisoner made no defence, but called two witnesses, who gave her a good character.

GUILTY (Aged 33.) Confined twelve months in the House of Correction , privately whipped, and discharged .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

197.   JAMES RITCHIE and   JOSEPH PENNY were indicted for feloniously stealing, on the 10th of January , 42lb. weight of tallow, value 14s. the property of   Ralph Keddy .

Second Count. Laying it to be the property of   Robert Meldrum .

Third Count. Laying it to be the property of certain persons to the Jurors unknown.

(The indictment was stated by Mr. Jackson, and the case opened by Mr. Knowlys.)

  JOHN BIGGIN sworn. - Examined by Mr. Jackson. I am mate of the ship Commerce, from Petersburgh, Capt. Meldrum: She was laden with Russia tallow; Ritchie was an apprentice , Penny is out of his time, they both belonged to the ship.

Q.Lumsdale was likewise an apprentice? - A. Yes; on the 10th of January, I sent Lumsdale on shore, Ritchie went with him; the next morning I missed some tallow, and a bag that it was in; Lumsdale staid longer than ordinary, and I enquired of Ritchie, why Lumsdale did not come on board, and he said he was not come back; he told me that he was gone on shore with some cook's fat; I said, it was most likely some of the tallow out of the ship's cargo, and he told me it was, that was all that passed between us that night.

Q.Lumsdale did not return on board that night? - A. No; and the next morning I missed the fat.

Cross-examined by Mr. Gurney. Q. How long had these young men been on board? - A. A twelvemonth.

Q. During that time, have they not borne an exceeding good character? - A. I never had any reason to suppose the contrary.

  JOHN LUMSDALE (the accomplice) sworn. - Examined by Mr. Knowlys. Q. What age are you? - A. Sixteen.

Q. Were you sailor-boy on board the ship Commerce? - A. Yes; on the 10th of January, between six and seven o'clock, Ritchie and Penny brought a bag of tallow into the half-deck, between the pumps and the main-mast, and it was agreed that I was to go on shore with it; I was ordered to go on shore for half a gallon of beer for the Custom-house officers; Ritchie went with me; we got the lend of the Charlotte's boat, that laid alongside of us; Penny gave the tallow into the boat to Ritchie.

Q. Where did the Commerce lie? - A. At  New Crane , on this side of the river; we rowed to King James's stairs, shadwell; I got out of the boat, and Ritchie gave me the tallow, and I went to Mr. Archer's with it; Ritchie desired me to go there.

Q. What sort of a shop does he keep? - A. A tallow-chandler's shop, in Star-street, near King James's stairs.

Q. Were you in your sailor's clothes then? - A. Yes, I was in the same dress that I am in now; after I had just entered into Star-street, there was a man of the name of Melkin asked me what I had, and where I was going to; I said, what was that to him, and went into Mr. Archer's shop; I put the bag behind the half-door, it is a door that divides into two.

Q. Who was in the shop? - A. A little girl.

Q. Nobody else? - A. No; I told the girl I had brought some tallow; she stamped with her foot, and Mr. Archer was coming up, when Melkin came into the shop; then he took hold to the bag, and asked what was in it, and dragged it to the door; Mr. Archer came up out of the cellar at the same time; some words passed between Archer and Melkin, but I cannot tell what they were; I saw Archer put something into Melkin's hand; I could not hear what passed; Melkin then threw the bag into the cellar, and went away then as I thought; but he says since that, he did not; the mouth of the bag was loose, and the tallow sell out as he was throwing it down the cellar.

Q. What weight might there be, do you think? - A. About forty pounds; Archer and a young man were in the cellar picking it up, they fetched a thing like a frying-pan, and put it into; I went down, and helped them to pick it up; just as I came down into the cellar, Melkin came close after me, and took a sample of it; he told me to go up out of the cellar, and after that he took me to the Shadwell office.

Q. Should you know the bag if it was produced? - A. Yes. (It is produced). There were some holes in the bag, and it was tied up in several places.

Cross-examined by Mr. Gurney. Q. You were carrying this stolen property, and was stopped by Melkin? - A. Yes.

Q. And he took you to the office? - A. Yes.

Q. You were frightened? - A. Yes.

Q. And accused Penny and Ritchie to save yourself? - A. Yes.

  ELIJAH MELKIN sworn. - Examined by Mr. Jackson. I am a serjeant in the Tower-Hamlets Militia; On the 10th of January, Wednesday evening, about seven O'clock, or it might be a little after, I saw Lumsdale with a bag, I crossed over the way, and asked him what he had got; he said, what was it to me; I felt the outside of the bag, and found it as I thought, tallow; I followed him gently down Star-street, into Archer's door, and he threw the bag down behind the door, I immediately laid hold of the bag with one hand, and Lumsdale with the other; I brought the bag to the door, I saw it was tallow; Archer then came forward, and said, do not meddle with it, for the boy may be hurt, or sent on board a man of war, I will give you half-a-crown, and you drop it, he nodded to me as if I was to

drop it, and I dropped it into the cellar; and I believe, as I recollect, that I did turn round, and then I went down into the cellar and took a sample of it; he gave me half-a-crown, Mr. Archer was standing at the cellar window at the time I desired the boy to go with me; I took the boy and the sack of tallow before the Magistrate; from there I went back to Mr. Archer with a Police-officer.

Court. Q. Did he understand that you were going to take the boy before a Magistrate? - A. I do not know that he did; when I came back, there was the bag empty, and the tallow put into a cask.

Q. Look at that bag, is that the bag? - A.If it is the same bag, there are three small ties, (looks at it); there is only one tie now, I believe it to be the same bag, I do not swear positively, but I believe it to be the same. (Produces the sample of tallow).

  ROBERT BROWN sworn. - Examined by Mr. Knowlys. I am one of the officers belonging to Shadwell; I went with Lumsdale and Melkin to Archer's house, on the 10th of January; in consequence of the information I had received from Melkin, I went down below, and under the drip board, Mr. Archer took up the bag, this is it; I afterwards found some tallow in a cask, which I brought away with me; I told Mr. Archer, I must have the tallow as well as the bag, and he shewed me where it was in the bag; there were thirty-nine pounds of it.

Captain ROBERT MELDRUM sworn. - Examined by Mr. Jackson. Q. Your ship is laden with Russia tallow? - A. Yes.

Q. Be so good as look at that tallow? - A. We had such tallow as this, I had linseed also, and this tallow is spotted with linseed.

Q. Look at the sample, and tell us if that is the same kind of tallow? - A. They are both of the same quality.

Q. Did you miss any bag out of your ship? - A. Not till I had a letter from the Police-office, and then I missed such a bag as this, but I cannot say whether this is it or not.

Cross-examined by Mr. Gurney. Q. How long had these boys been on board? - A.Ritchie has been with me near three years, and the other about five months.

Q.During that time, have they not had the character of honest good lads? - A. I never suspected them.

Court. Q. What was the character of Lumsdale before? - A. Like the others; I never suspected him of any thing that was bad.

Mr. Jackson. Q. What is that tallow worth? - A. About forty-six shillings a hundred.

WILLIAM TELLKAMPFF sworn. - Examined by Mr. Knowlys. I am one of the clerks attending at Shadwell office; I was present when Ritchie was under examination, I took it myself, I saw Ritchie sign it, and I saw the Magistrate sign it.

Q. Before he signed it, was there any promise or threat held out to induce him to confess? - A. None at all.

Mr. Gurney. Q. There is a little talk sometimes in the outer office, was he not told there, that it would be a much better thing for him to confess? - A. Not to my knowledge.

Court. Q. Nor that it would be worse for him if he did not? - A. No.

Q.(To Brown.) Were you present with him in the outer office? - A. No; he was in the custody of Cook, I believe.

JOHN COOK sworn. - Examined by Mr. Gurney. Was Ritchie in your custody? - A. He was.

Q. Before he went in to be examined, was he not told it would be better for him to tell all he knew? - A. He was not.

Q. Not that it would be worse for him if he did not? - A. No.

(Mr. Tellkampff read the examination of Ritchie before the Magistrate, which exactly corresponded with the account given by Lumsdale the witness).

Ritchie's defence. I have gone on shore very frequently, on errands for the master and mate, with Lumsdale, I did not know that he had any such thing as that along with him; I leave the rest to my Counsel.

Penny's defence. I was in the ship, and never out of it till I was brought out by one of the officers; I know nothing at all of it.

Ritchie, GUILTY (Aged 20.) Judgment respited .

Penny, NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Justice ROOKE.

 

198.   JAMES RITCHIE and   JOSEPH PENNY were again indicted for feloniously stealing, on the 9th of January , twenty-five pounds weight of tallow, value 8s. the property of   Ralph Keddy .

Second Count. Laying it to be the property of   Robert Meldrum .

Third Count. Laying it to be the property of certain persons to the Jurors unknown.

(The case was opened by Mr. Knowlys.)

- BIGGIN sworn. - Examined by Mr. Jackson. I am mate of the Commerce: I sent Lumsdale on shore, and Ritchie went with him, as he told me afterwards; I told him to take a boy with him.

Cross-examined by Mr. Gurney. Q. You do not know any thing at all about Ritchie going but what Lumsdale told you? - A. No.

JOHN LUMSDALE sworn. - Examined by Mr.

Knowlys. Q. I went on shore the 9th of January, the mate sent me on shore, and Ritchie went with me; we took some tallow on shore with us in a mat.

Court. (To Biggin.) Q. When was it that Lumsdale told you that he and Ritchie had stole some tallow the night before? - A. He did not tell me any thing about stealing the tallow that night, only that he was in the boat with him.

Court. Q. Did Lumsdale ever, at any time, tell you any thing about stealing any tallow, except that which you gave evidence of on the last trial? - A. No; except at his examination before the Magistrate.

Mr. Jackson. Q.Lumsdale went on shore on Tuesday night by your orders? - A. Yes; and when he came back with the boat, he told me Ritchie had been with him.

Mr. Knowlys. (To Lumsdale.) Q. What was done the night before you were taken up? - A. I went on shore with Ritchie.

Q. On that night did you take any thing with you? - A. Yes, I took a mat with some tallow in it; I got the lend of the Charlotte's boat, and me and Ritchie got along-side our own ship, and Penny handed over the tallow into the boat to me, and Ritchie rowed the boat to King James's stairs, and I went to Mr. Archer's house to see if there was anybody that I thought would stop me; I saw nobody, and I came back to the boat and took the tallow to Mr. Archer's; there was about the same quantity of it as there was the night I was taken up.

Q. Did you ever steal any tallow before this-this last voyage? - A. Yes, three times before; Mr. Archer gave me twelve shillings for it; there were two or three forty pounds, I think, of it.

Cross-examined by Mr. Gurney. Q. Are you quite certain that the quantity was two or three forty pounds, and that you received twelve shillings? - A. Yes.

Q. Did you say that before the Magistrate? - A. No; I said twenty-five pounds, and that I received five shillings.

Q. This examination of your's, at Shadwell-office, was upon oath? - A. Yes; and I did tell the truth; I did not say that I did not receive more.

Q. But you were sworn to tell the whole truth? - A. I did not give all my evidence then, I told the truth.

Q. You were sworn to tell the whole truth? - A. Yes; I told the truth.

Q. But not the whole truth? - A. No; I had been in prison with Penny, and he said, if I turned King's evidence, and confessed more then we agreed to confess, and he ever met me afterwards, he would be hung for me, meaning that he would kill me; and that was the reason why I did not tell the whole truth.

Mr. Tellkampff read the examination of the prisoner, Ritchie, taken by himself as follows;"Taken on the 11th of January, 1798.

"On Thursday evening last, after we left work, Lumsdale asked leave of the mate to go on shore; that there was a quantity of tallow lying upon the beams in the said ship, that had fallen out of the casks, which the cooper could not get into the casks; Penny, Lumsdale, and myself, agreed to take it, and Lumsdale and myself brought it in the boat to King James's stairs; Lumsdale carried it to sell; he told me and Penny that he had sold the tallow, but did not say to whom, and that he had got two-pence halfpenny a pound. I had no part of the said money, only some bread and butter; I was never concerned in taking any out of the ship before, and neither mate not master knew of the tallow being taken out of the ship."

Mr. Gurney. Q. The 11th of January was of a Thursday? - A. Yes.

Q.Lumsdale was brought to your house the same night? - A. Yes; and Ritchie the next day.

Q. The day he describes himself to have taken it, was on the Thursday before? - A. Yes.

Both NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Justice ROOKE.

 

199.   JOHN ARCHER was indicted for feloloniously receiving, on the 10th of January , forty-two pounds weight of tallow, of which   James Ritchie was convicted of stealing, knowing it to be stolen .

(The case was opened by Mr. Knowlys.)

  JOHN BIGGIN sworn. - I am mate of the ship Commerce, it was laden with tallow and linseed, Robert Meldrum is the owner; he lost a bag of tallow on the 10th of January; Lumsdale and Ritchie were apprentices, and part of the crew; they went on shore on the evening of the 10th of January, Ritchie came back, but Lumsdale did not.

  JOHN LUMSDALE sworn. - I was a sailor-boy on board the ship Commerce, captain Meldrum.

Mr. Jackson. Q. Do you know of any tallow being stolen on the 10th, the evening you were taken up? - A. Yes; James Ritchie and Joseph Penny got it out of the hold, I assisted in getting it out of the half-deck; the tallow was contained in a bag; I and Ritchie conveyed it on shore; the ship laid at King James's-stairs, Shadwell.

Q. Where did you row to? - A. To King James's-stairs.

Q. What became of this bag of tallow? - A.Ritchie gave it me out of the boat, and I went towards Mr. Archer's; I knew the house.

Q. Whereabouts was the weight of it? - A.It was about forty pounds.

Q. Tell us all that passed? - A.His house is about 30 or 40 yards from the stairs; I went towards Mr. Archer's, and I was stopped in Star-street by Melkin, he asked me what I had got; I then went into Mr. Archer's shop and put it behind the half-door, there was only a girl in the shop; Mr. Melkin came in, and asked what was in the bag, and he dragged it from behind the door; the little girl stamped with her foot when I came in, and Mr. Archer came up, then words passed between Mr. Archer and Melkin, but I don't know what they were; the bag of tallow was thrown into the cellar; I saw Mr. Archer put something into Melkin's hand, I did not know what; then the bag was thrown down the cellar; I went down the cellar; and some tallow had fallen out, Mr. Archer and a young man picked it up, and I helped them; they put it into a thing like a frying-pan, and before it was all taken up, Mr. Melkin came down and took a sample of it, and told me to go into the street, and then he took me to the Justice's office.

Q. Did Archer know you? - A. Yes.

Q. Were you in the same dress that you are now? A. Yes; only I had a black handkerchief on; I am 16 years of age; I should know the bag again if I was to see it.

Cross-examined by Mr. Knapp. Q. Are you sure that Melkin did not tell you to throw the bag down? - A. He did not tell me.

Q. Are you sure that Archer said so, or was it Melkin? - A. I don't know.

Q. I think you said at the Justice's, that Melkin told Archer to throw it down? - A. I don't recollect, I think I did say so.

Court. Q. What do you think now? - A. I think it was Mr. Melkin desired Archer to throw it down.

Mr. Knapp. Q. You stated to the Jury just now, that some of the tallow sell out? - A. Yes, some of it.

Q. Did not you say before the Justice that all fell out? - A. I never said all of it fell out of the bag.

Q. Did you say before the Justice it was put into a frying-pan, or any thing of that sort? - A. I said Mr. Archer was picking it up, they did not ask what it was put in.

Q. The bag was torn? - A. Yes, in several places.

Q. The bag was so broken that it could not be put into the bag again with security? - A. I don't know that, I did not put it into any thing.

Q. How long have you been aboard ship? - A.Two years.

Q. Do you know, on board of ship, such a thing as I am going to describe to you-did you ever hear of sweepings, whether there is not a good deal of tallow swept up, which is thought the perquisite of the crew? - A. I have heard of a thing called sweepings.

Q. Was this tallow dirty or clean tallow? - A. It was not very clean, nor yet very dirty.

Q. You are admitted an evidence on the part of the Crown, and you have been in custody ever since? - A. Yes.

  ELIJAH MELKIN sworn. - I am a serjeant belonging to the Tower Hamlets: On the 10th of January, in the evening, I was in Star-street, I saw a person coming with a bag, and I asked him what he had got; he said, what is that to you; he said, he had got some tallow; he went into Mr. Archer's, and threw the tallow down, I went in and seized Lumsdale with one hand, and the tallow with the other; Mr. Archer came up and desired I would let the boy go away, for he might be sent on board a man of war, and drop the tallow down, and he would give me half-a-crown.

Court. Q. If you would let go the tallow and drop it down, he would give you half-a-crown? - A. He nodded towards the cellar, I received the half-crown, and I dropped it down; I afterwards went down and took a sample of the tallow from the bag, and brought the boy along with me to the Magistrate.

Q. Did Mr. Archer bear where you were going? - A. I don't know; I told the boy I was going to take him before a Magistrate.

Cross-examined by Mr. Knowlys. Q. I believe you went afterwards with a Police officer to Archer's? - A. Yes; when I went back to Mr. Archer's, the officer went in and said he was come for the bag of tallow, and Mr. Archer said it was down below; he went down below, and the tallow was lying under the drip-board, the bag was lying without the tallow in it.

Court. Q. What did Archer say? - A. Mr. Archer said he would go down with him; I went down with them, and we found the bag as I stated before; Mr. Archer took the tallow from under the drip-board, he pointed to it himself, it was in a tub or cask; the officer said he must have the tallow, and Mr. Archer put the tallow into the bag out of the tub; the officer then said, he wanted the other tallow that was brought before; Archer said, what was left of it was lying under the drip-board; a sheet of paper was procured, and Mr. Archer put it into it; we took the tallow to a Magistrate.

Cross-examined by Mr. Gurney. Q. You and the officer went to Archer's house? - A. Yes.

Q. Mr. Archer shewed you the tallow without any difficulty? - A. Yes.

Q. Now you have told us to-day, that Mr. Archer said, if you will let the boy go, and drop the bag down, he would give you half-a-crown? - A. Yes.

Q. You have always said that, that Mr. Archer offered you the half-crown for dropping the bag down, and letting the boy go? - A. Yes.

Q. Did not you say at the office that Mr. Archer said he would give you half-a-crown to let the boy go for fear he should be sent on board a man of war? - A.- He said, drop it down, and let the boy go, and I will give you half-a-crown.

Q. You are quite positive, upon your examination at the office, you then said what you do now? - A. I said that Mr. Archer offered to give me half-a-crown to drop the bag down, and let the boy go.

Q. Did you say at the office at all, that the dropping the bag down was to be the consideration for which he offered you half-a-crown? - A. I did understand it so.

Q. Pray what way of life may you be in? - A. I have been in different lines; I come out of Staffordshire, and I have been in Northamptoushire.

Q. Have you ever had the misfortune to get into a gaol? - A. Yes.

Q.How many times? - A. Never but twice.

Q. What was the charge against you? - A. I was out a shooting, and a lamb's-skin was found.

Q. Was it for a highway robbery, or sheep-stealing? - A. I was not tried for any.

Q. What was the other prison you got into? - A. That was for an assault, New-Prison.

Q. Don't you know that Mr. Archer accused you of stealing his bag-have you never said to any body that you would be revenged of Mr. Archer? - A.Not to my knowledge.

Q. Have you - yes, or no? - A. No.

Q.Positively have you, or have you not said you would be revenged of Mr. Archer? - A. No, I never did.

Q. Do you know a person of the name of M'Carthy-did you not say to him you would be revenged of Mr. Archer? - A. I never did.

  ROBERT BROWN sworn. - I am an officer belonging to Shadwell-office: I went to the house of Mr. Archer, in consequence of an information by Mr. Melkin; I went with Mr. Melkin and the boy Lumsdale, to Mr. Archer's shop; the girl was in the shop, and she called him out of the cellar; I said to Mr. Archer, I am come for the bag of tallow that was brought by this boy; he asked me what was the matter; Mr. Archer seemed to turn himself round, and under the drip-board he picked up the bag; says I, Mr. Archer, I must have the tallow as well as the bag.

Mr. Knowlys. Q. The bag was empty? - A. Yes; says he, here is the tallow in this cask or tub, and he assisted me in shooting the tallow into the bag; now says I, Mr. Archer, you must go with me to the office; he said, I wish you would let me wash and clean myself before I go; I told him he must go with me, he begged I would not take him with me, but leave him behind; I told him there was a felony committed, and therefore I could not leave him; Mr. M'Carthy came to the door, and several other people, and said he would pass his word for him, he is a publican, and keeps a public-house on the other side of the way.

Court. Q. What time was this? - A. This was about eight o'clock, it might be a quarter after; I brought him to the office, and the boy went under an examination, and likewise him, and he was committed.

Mr. Knowlys. Q. After he was committed what passed? - A.After he was committed, he went over to the public-house with me; he begged to go to his house again, for he had some particular business to settle; after some time, I granted the favour; I carried Lumsdale, Melkin, and Cook, with us.

Court. Q. Did he say any thing more? - A. He said he thought they would come after the tallow again. (The bag produced.)

Cross-examined by Mr. Knapp. Q. You have been in this office some time? - A. About two years and six months.

Q. Archer lives in your neighbourhood, he knew you? - A. I don't think he knew me.

Q. Upon your oath, did he believe you to be an officer at the time you came with Lumsdale and Melkin. - A. I dare say he did; he asked me what was the matter; I told him we had come for the tallow, he turned himself round, and gave it us.

Q. Upon your oath, did he not give you as a reason that the bag was so holely that he was obliged to put it into something else? - A. I cannot swear he said that.

Mr. Knowlys. Q. Is the bag in the same state in which it was at Archer's? - A. No, I cannot say it is, here is a skewer in it, the string had slipped off.

Mr. Knowlys. Q.(To Lumsdale.) Is that the bag you took to Archer's? - A. Yes, I think it is.

Capt.   ROBERT MELDRUM sworn. - I am captain of the ship Commerce; I had tallow in my cargo.

Mr. Knowlys. Q. Look at that tallow, and see if that is the same she was laden with? - A. It is the same sort that she was loaded with.

Q.Had you any thing else? - A.Linseed; it is spotted with linseed.

Court. Q. What is that tallow worth? - A. It ought to be worth forty-six shillings.

Q.(To Brown.) What quantity is there? - A.Thirty-nine pounds.

Mr. Knowlys. Q. What quantity was brought from Archer's? - A.Forty-two pounds and a half.

Q.(To Capt. Meldrum.) You say you had linseed on board? - A. Yes, three hundred bags.

Q. How much tallow? - A.Three hundred and fifty-nine bags.

Cross-examined by Mr. Knapp. Q. I suppose you will not swear to the identity of tallow? - A. I cannot swear to tallow.

Q. There are a great number of persons employed about the vessel when unloading? - A. How so, there are only the people that they call lumpers.

Q. Do you know of any custom on board of ships, such as sweeping up the loose tallow, which is called sweepings? - A. I do not.

Court. Q. Do you remember this bag of tallow being on board your ship? - A. I remember a bag like this.

Q. When was it filled? - A. When the ship was laden.

Prisoner's defence. I am as innocent of this as a child unborn, I had nothing to do with the tallow, I never ordered it to be thrown down; I leave it to my Counsel.

The prisoner called thirty-seven witnesses to his character, who had known him from ten to twenty years, and they all gave him an extraordinary good character; there were as many more witnesses attending, who were not examined.

GUILTY .

Transported for fourteen years .

Tried by the third Middlesex Jury, before Mr. Justice ROOKE.

 

200.   JOHN NORTH was indicted for a libel , but having pleaded guilty , expressing great contrition for his offence, the Court sentenced him to be fined 1s. and to enter into his own recognizance for his good behaviour for two years, in the sum of 200l .

 

201.   ELIZABETH GREEN was indicted for feloniously receiving, on the 6th of February , four ounces and a half of silver filings and scrapings, value 1l. 2s. 6d. the property of   Stephen Adams, the elder , and     Stephen Adams , the younger , stolen by a certain person before, for the sake of wicked lucre and gain, the said person not having been convicted of stealing the said goods .

(The case was opened by Mr. Gurney.)

  STEPHEN ADAMS , sen. sworn. - Examined by Mr. Gurney. I am a working silversmith ; the prisoner's husband is a workman in my service, and has been upwards of twenty years.

Q. Has the prisoner ever had access to your work-shop? - A. She has not.

Q.Has the daughter had access to your workshop? - A. She has, for two years past, I believe. On the 9th of February, I was sent for to Messrs. Cox and Murle's, refiners, in Little Britain, I did not go myself, I sent my son; the first I saw of the prisoner was before Alderman Skinner.

Q. Were there any filings or scrapings of silver there? - A. There were a great many.

Q. Had you missed any? - A. Yes, I had.

  JOHN LEMAY sworn. - I am clerk to Mr. Adams: We weigh silver out to the workmen, and we weigh in again; I have found silver deficient for a year and a half or two years back.

Q.Lately? - A. Yes; I believe within the last month.

Court. Q. These deficiencies will arise, I suppose, if the filings or scrapings should be taken away? - A. I suppose they might.

JAMES FARREN sworn. - Examined by Mr. Gurney. I am clerk to Messrs. Cox and Murle: On Thursday, the 8th of February, the prisoner brought to us this silver.

Q. In what state is that silver? - A. It is very badly melted.

Q.What did it appear to have been? - A.Silver filings and scrapings.

Court. Q. What difference is there between the scrapings and the filings? - A. I never was in the workman's line, the prisoner at the bar brought it to me, and desired me to get it melted.

Mr. Gurney. Q. Had she ever been at the shop before? - A. Yes; she told me she was the wife of a springer and liner, which is a branch in watch making, she left it with me; after she was gone, I looked at the silver, and suspected, from the appearance of it, that it had not been properly come by; she came the next day, and I sent for Mr. Aldridge, in Aldersgate-street, he questioned her about it, and we stopped her; I told her, we suspected it was improperly come by, and she at last confessed that her husband worked for Mr. Adams; she said, he was not in fault at all, and begged we would not hurt her poor girl.

Q. Was there any promise of favour made her, or did you tell her it would be better for her to confess? - A. No.

Q.Nor worse for her if she did not? - A. No, she kept crying out, her poor girl.

Q. Did she say how she came by the silver? - A. No, we sent for the girl, and she confessed she had taken it.

Q. Did any thing that she said, pass in the presence of the prisoner? - A. No, we kept them separate; she left the silver in the name of Lowe.

Court. (To Adams.) Q. In what capacity did the husband work for you? - A. As a polisher and filer of spoons.

Q. He did not work in the capacity of a springer or liner? - A. No, nothing of that sort is carried on in our house.

Q. What is the difference between scrapings and filings? - A. The scrapings are done by an edge 100l that scrapes off long pieces, the filings are what fall from the file.

Mr. Gurney. Q. Are these scrapings and filings? - A. Both filings and scrapings are exceedingly visible.

  JOHN OSBORN sworn. - Examined by Mr. Gurney. I am a constable; I was sent for to take charge of the prisoner.

Q. Did you hear the prisoner say any thing of where she got this silver? - A. I asked her what she had been about; she wrong her hands and said, oh! Mr. Osborne; she said, what she had done, she had done to pay the rent; I asked her, how she came to do so; she said, she was in distress, and she got her daughter to bring some home, to get her out of that distress; and she pulled a bit of paper out of her pocket; she afterwards said, her daughter brought it from Mr. Adams's, she said, it was through her that the daughter did it.

Mr. Gurney. I will spare you, gentlemen and myself, the pain of hearing the child's evidence.

Prisoner's defence. They all told me, if I would speak the truth, they would not hurt a hair of my head; I said it to save my child, she had had it hid two days and two nights under her bed before I knew any thing of it.

The prisoner called two witnesses, who gave her a good character. GUILTY (Aged 44.)

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

Tried by the London Jury, before Mr. RECORDER.

 

202.   SARAH PRESTIDGE was indicted for feloniously stealing, on the 23d of January , a pewter quart pot, value 1s. the property of   Ann Davies .

  ANN DAVIES sworn. - I lost a quart pewter pot on Monday, the 23d of January, from the tap-room of my house, from a shelf over the bar; I had lost an ale pint the day before, and suspected the prisoner; I desired the man and the maid servant to take a particular account of what pots were in the house; the next morning, the maid called me down stairs, and told me there was a quart pot missing; I came down and unlocked the bar door, and the prisoner came to the bar for liquor; I asked her if she had taken the pot; she said, she did not; I told her, I really believed she had, and I would send for an officer to take her up; she desired I would not do that, and said, if you will send one of your servants to my house, I will give you the pot back; I asked her how she could do such a thing, to rob the widow and the fatherless; that I thought she would have been the last person.

  SARAH SANDWICH sworn. - On the 22d of this month we lost a pint pot, and my mistress desired me to mark every pot in the house, to be marked after she was gone to bed, which I did; the next morning the prisoner came in for a quartern of liquor, I went up and called my mistress, and when I came down the quart pot was gone off the shelf, I ran up again and told my mistress that the same person that had been the morning before had got a quart pot; a few minutes after my mistress came down, she told me I should pay for every pot that was lost; and I said, no, I would not, for that person had it; then my mistress went over for a constable; the prisoner said, if she would not give charge of her she would go and try if she could find the pot, and our man went with her, and she give him the pot from behind the street-door; the constable has got the pot.

Cross-examined by Mr. Gurney. Q. You did not go home with her? - A. No.

Q.Then you know nothing about her giving the man the pot? - A. No.

  JAMES TUCKER sworn. - I went with the prisoner to the bottom of the house where she lodged, and she gave me a pot from behind the door; I took it home and delivered it to my mistress.

Cross-examined by Mr. Gurney. Q. Mrs. Prestidge lives up two pair of stairs in that house into which you went? - A. Yes.

Q. You found the pot standing in the passage? - A. The prisoner gave it me in the passage from behind the door.

Q. That was not near the room that she occupied? - A. No; she lived in the two pair of stairs.

Q. It had some milk in it, had it not? - A. Not that I saw.

Q. There are many people lodge there besides her? - A. I cannot say.

Q. However, there are other people live in the house? - A. Yes.

  WILLIAM WYNNE sworn. - I am a constable,(produces the pot); I received this from Mrs. Davies at the time I took charge of the prisoner.

Mrs. Davies. This is my pot, it is one of the pots that was marked the morning before it was lost.

Q. What is it worth? - A. One shilling.

Tucker. This is the pot that I received from the prisoner.

Mr. Gurney. Q. How do you know that? - A. I know it by a little hole that is punched in it.

Q. How long have you known the prisoner? - A.Three years.

Q. Does any person in your neighbourhood bear an honester character? - A. I never knew a blot in her character, by any means.

Q.Did she not tell you she had only borrowed the pot to take in some milk? - A.She did not.

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

GUILTY (Aged 36.)

Fined 2s. 6d. and discharged .

Tried by the London Jury, before Mr. Justice ASHHURST.

 

203.   JOHN HIGGINS was indicted for feloniously stealing, on the 19th of January , a hempen bag, value 6d. and 120 pounds weight of iron rivets, value 2l. the property of   Mary Priestley .

JOHN CASE sworn. - I live servant with Mrs. Priestley, in Dog-and Bear-yard: I brought nine bags of cooper's rivets in my cart, and in  Thames-street I missed one bag of rivets; I had left the cart to go down to see if I could come down the street; they belonged to Mr. King of Dock-head, I was to take them to him.

Q.Who was to be paid for carrying them? - A.My mistress; I am sure they could not have got out without being taken out.

Cross-examined by Mr. Alley. Q. Did not you say before the Magistrate, that you did not know whether you had seven, eight, or nine bags? - A. No, I did not.

Q.Were not you in the public-house at the time? - A. No, I was not.

Court. Q. What time was this? - A. About five o'clock in the afternoon of the 19th of January.

  JOHN WAINEWRIGHT sworn. - I am constable of Dowgate Ward: On the 19th of January, about five in the evening, just as I had got to the top of Allhallows, I saw the prisoner with a bag on his back, it seemed very heavy; I followed him, and asked him what he had got there, and he immedidiately threw it down, and ran away; he broke from me and I caught him, he broke from me again, and I caught him, and took him to the Compter; I came back again in about half an hour, to make enquiry, and saw the carman, he said he had lost a bag of rivets; I told him I had stopped a man with a bag of rivets. (Produces the bag).

  RICHARD LONGDEN sworn. - I live with Isaiah Millinton, Esq. an ironmonger, at Greenwich: I know this bag perfectly well, both by its public and private marks, it contains cooper's rivets; I delivered it to John Case on the 19th of January, he was to convey it to the house of Mr. King, at Dock-head, it was put into his cart; he had eight other bags along with it.

Q.What is the value of it? - A. Not less than thirty-nine shillings; it has written upon the tally,"6024 cooper's rivets," I saw my servant put the bags into the cart.

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

GUILTY (Aged 27.)

Confined one month in Newgate , publicly whipped and discharged .

Tried by the London Jury, before Mr. Justice ROOKE.

 

204.   THOMAS HUNTER was indicted for burglariously breaking and entering the dwelling-house of   Margaret Elliott , spinster , about the hour of nine at night of the 30th of January , and stealing therein one diamond ring, value 30l. and a miniature picture, value 100l. the property of the said Margaret; a base-metal watch, value 30s. the property of   Mary-Ann Elliott ; a telescope, and various articles of wearing-apparel, the property of   Grace Waugh .

(The case was opened by Mr. Gurney.)

Miss   MARGARET ELLIOTT sworn. - Examined by Mr. Gurney. Q. You live in  Queen Ann-street, East ? - A. Yes, I do.

Q. Are you a single woman? - A. Yes, I never was married; the house is mine, I let lodgings sometimes.

Q. Did the late   colonel Waugh lodge in your house? - A. Yes, he did.

Q. Upon his death, was any property of his left in your house? - A. Yes.

Q.Was that property in your house the night on which the robbery was committed? - A. Yes, it was.

Q. What night was it? - A. The 30th of January, a little after nine; I was in the parlour; my sisters were with me,   Mary-Ann Elliott , and Jane.

Q. Tell us the manner in which you were alarmed? - A. The girl came with a letter into the parlour, and three men came in just at her back, we asked what they wanted, they said

"money and watches."

Q. Could you see the faces of these men? - A. No, they were disguised; there was one had a crape over his face, and two of them, I think, had handkerchiefs; I gave them my watch, and what money I had in my pocket, it was only a metal watch, I gave them my purse, it contained only one shilling.

Q. Did your sisters give them any thing? - A. Yes; then they asked for colonel Waugh; they said we had nothing to fear if we were quiet, but if not, we must be tied.

Q. Had they any arms? - A. Yes, they had all of them pistols; the man who stood over us said that colonel Waugh had done him an injury in the West-Indies, but he would be revenged that night; one always stood by us, two went up stairs, and one staid in the passage.

Court. Q. Was it the same person that always stood over you? - A. Always the same; the fourth person never came into the room, I never saw him, but I heard one in the passage.

Mr. Gurney. Q. You could not see the face of those persons, can you describe the dress of that person that stood over you? - A. No, I cannot, I was so much frightened; we staid about an hour in the parlour, while they were bringing down the things, and when they had brought them down, the person who stood over us said, ladies you must now go into the back kitchen, till we get the passage clear, and the things carried out.

Q. Did you go into the back kitchen? - A. Yes, and my sisters with me, and the servant, the man accompanied us.

Q. How long did you stay there? - A. I think near about an hour and a half.

Q. At this time did you see any property taken away? - A. I did not see them, I heard them pushing and forcing the things open, drawers and other things, some time after the person left me; I don't know whether they left the house together.

Q. After that person left you, did you hear any other person in the house? - A. I think they went all away; we staid a good while in the kitchen, because we were not sure they were gone; there were four boxes belonging to colonel Waugh, that were packed that day by colonel Waugh's servant and his brother.

Q.Can you tell me what property you lost? - A. I lost two trunks, I can tell some of the property, but I cannot tell the whole.

Cross-examined by Mr. Alley. Q. I understand that two of your sisters live in the same house? - A. Yes, they do; I keep the lodging-house, I pay the rent alone.

  ANN HARLEY sworn. - Examined by Mr. Gurney. Q. You are servant to Mrs. Elliott? - A. Yes.

Q. Tell us in what manner the prisoner got into the house? - A. A little after nine there came a knock at the door, I was in the parlour at the time; I opened the door, the first man said, is this Mrs. Elliott's, and he gave me a letter, and said, give her that; I looked at the letter, and thought it had no direction; I looked at the man, and saw his face was disguised, which frightened me; they all rushed in, there were four, they held the pistols at me, and pushed me into the parlour before them.

Court. Q.What became of the door? - A. I lost my senses for some minutes, and don't know.

Q.When you recovered your senses, what did you observe? - A. I saw a man standing at the parlour door, with a pistol in his hand, and saying something about colonel Waugh; Miss Elliott and her sisters were in the parlour.

Capt. ANDREW WAUGH sworn. - I am a captain in the India service; I am brother to the late colonel Waugh; I was at the house of Miss Elliott, on the 30th of January, I looked over the property of my brother, and took an inventory of the whole.

Cross-examined by Mr. Gurney. Q. Do you recollect a telescope? - A. Yes, particularly.

Q. Have you seen the things produced at the Police-office? - A. Yes, I have.

Q. Was any of that, part of the property you had taken an inventory of? - A. Yes.

Court. Q. Can you be able to swear to that telescope? - A. Yes, there is colonel Waugh's name upon it, written with his own hand.

  THOMAS COWARD sworn. - I live at No. 7, New-road, St. Pancras, I am a housekeeper: On Wednesday, the 31st of January, I had occasion to go to Mr. Woodroofe's, the Acorn public-house, Bridewell Precinct, on business, between one and two o'clock; the landlord not being at home, I waited for him; while I was waiting for him, a hackney-coach came up to the door, and four men came into the house, part of them from the coach, with four boxes or trunks, I was sitting in the bar; the coach being so near, I observed the number to be eight hundred and twenty-one; they endeavoured to go backwards to a back parlour, rather retired; all seemed, apparently, confused to get backwards to this parlour; the landlady asked them, where they were going; they said, into the parlour; she made answer, I am not going to have my parlour made a warehouse of; there is a room for you, if you like to sit down; it was a room on the left hand, at the side of the bar, they went in there, and called for a shillingsworth of rum and water, and they threw the door to; there they remained some time; one of them came out to have the second glass filled, he went away, and brought the same coach off the stand again; the landlady and I had a strong suspicion, she sent for her husband, she found her husband was at the Harrow, a little way off, in Water-lane; just before he came in, one of them came out of the room, and put a box into the coach, the coach got about ten or a dozen yards from the door, when a second came and brought a box out, and called to the coachman; then the landlord went out and looked at the coach and number, and the men that were in the coach.

Mr. Gurney. Q. When the landlord came back, what did you and he do? - A. After he had taken notice of the coach, he went into the room, his wife requested me to go; I followed the landlord into the room, and there was one box standing upon the table, and as much paper torn to pieces as I could hold in my two hands, on the table; the landlord questioned them about the paper and about

the trunk, he imagined they did not come by it honestly, he told them so; the prisoner at the bar replied, that he was a gentleman, that they were his; the other man was dressed somewhat like a servant, with a striped jacket; he unstrapped the trunk, and shewed us the contents; he shewed us some men's wearing apparel and breeches; he said, he would go to shoemaker-row, it is not far off, to fetch a person; we let him go; just as he went away, the landlord went into the bar to serve some liquor, and left me and the prisoner in the room; after his companion was gone, he endeavoured to make his escape, he wanted to follow; I laid hold of him by the collar, I was towards the door-way, he was innermost in the room; the landlord said, in the bar, don't let him go, he shall not go till his friend comes back; he directly made a push to get away, I laid hold of him by the collar to prevent him, till such time as his friend returned; he then drew a brace of pistols from his pocket, and he gave me a violent blow on this finger, and cut my knuckles with the pistols, I was obliged to let go my hold; he held the pistols to my face, and to the best of my recollection, he expressed, "come on now, come"on;" I drew back a little, and I called out for the poker, when a coal-heaver pushed in to my assistance, and laid hold of him, he pushed him to the further end of the room, I followed him; the coal-heaver wrenched the pistols out of his hand, and we held him there till such time as an officer was sent for from Bridewell Precinct, to search him; at the time we held him, before the officer came, he offered us half-a-guinea, if we would let him go; I made a reply to him if he would give me one hundred, he should not be loose; when the officer came, he searched him.

Court. Q. What did he find? - A. He found a telescope in a leather case. The officer belonging to Bridewell, me and the landlord, lodged him in the Compter.

Mr. Gurney. Q. Who took charge of the trunk? - A. The officer belonging to Bridewell.

Court. Q. Who took the telescope? - A.Weaver, the officer.

Cross-examined by Mr. Alley. Q. When he was searched, there was nothing found upon but the telescope? - A. Nothing that I know of.

Q. When you were at the door preventing him going out, it was then he presented those pistols? - A. Yes.

Q. They were not loaded? - A. I did not open them.

Mr. Gurney. Q. How was the prisoner dressed? - A. The prisoner had a light brown great coat on, and a pair of pantaloons of a white colour, tied down like a marine's, they were made of canvass.

  RICHARD WEAVER sworn. - Examined by Mr. Gurney. Q. What are you? - A. I am a constable belonging to Bridewell Precinct: I was sent for to take charge of the prisoner at the bar.

Q. Did you find any pistols? - A. No, they were taken from him before; the coal-heaver had them, his name is   John Allen ; I searched the prisoner, and found a telescope; I took the trunks. (The trunks produced).

Q. Are those the trunks you took out of that room? - A. They have been in my possession ever since; they are the same things.

JOHN ALLEN sworn. - Examined by Mr. Gurney. Q. Did you take any pistols from the prisoner? - A. Yes; and I examined them afterwards, they were loaded.

Q. Were they primed? - A. I cannot say; one was cocked. (Produces the pistols and bull).

Miss   JANE ELLIOTT sworn. - Examined by Mr. Gurney. Q. Did you observe the dress of any one of the persons that came into your sister's house? - A. One appeared to be dressed like a failor; he had a blue Jacket, and either trowsers or pantaloons on, I cannot tell which.

Q.(To Allen.) How was the prisoner dressed when you took him? - A. He had much such another coat as he has got on now, it was not a blue jacket; he had long hair behind when he was taken.

Mr. Alley. Q. I believe he had got a very violent blow upon his head? - A I believe he had.

Mr. Gurney. (To Miss Elliott.)Q. Had he powder at that time? - A. No, he had no powder.

Court. Q. What size man was he? - A. I don't know.

Q. Do you know his voice at all? - A. No, I do not.

Q. But you think he had a blue jacket? - A. I think so, I cannot be positive.

Captain   Andrew Waugh called again. - Mr. Gurney. Q.Have the goodness to look at that telescope; is that the hand-writing of your brother? - A. That is my brother's hand writing, the words are, "Ma-"jor Waugh, 79th Regiment."

Q.You are quite sure that telescope was in the house of Miss Elliott on the day of the robbery? - A. Yes, I am; it was packed up in one of my brother's trunks. (One of the trunks opened).

Q. Do you know any of those articles? - A. Here is a stocking with Waugh stamped upon it.

Jury. (To Captain   Waugh .) Q. At the time you took the invenlory did you see the articles? - A. I stood over the servant while they were packed.

  JAMES REYNOLDS sworn. - Examined by Mr. Gurney. Q. Did you assist Mr. Waugh in packing them? - A. Yes, I did.

Q. Are you able to state whether this is Colonel Waugh's property? - A. All are marked in this manner, G. W, except some in full length.

Court. Q. Do you know the things that were packed up? - A. I saw them at Guildhall; here is a sheet marked G W.

Court. Q. Them they were marked G W, or the name stamped at full length? - A. Yes; this is the same property that I packed up.

Q. Do you know the trunks? - A. I do; those are my master's trunks.

Q. Can you swear to the trunks? - A. Yes.

Mr. Gurney. (To Captain   Waugh .) Q. Have you got Letters of Administration granted to Mr. Waugh's widow? - A. Yes. (Produces them).

Mr. Gurney. Q. They are Letters of Adminisration to   Grace Waugh , widow, with Power of Attorney? - A. Yes.

Mr. Gurney. (To Miss   Margaret Elliott .) Q. Did the property which Mr. Waugh superintended packing up, remain in your house till the robbery was committed? - A. Yes.

Mr. Alley. Q. In what parish is your house? - A. In Mary-le-bonne.

Prisoner's defence. My Lord, I have been ruined in my hearing from the blow I got, and I must defer my defence to my Counsel and witnesses.

Court. Your Counsel cannot speak for you.

Prisoner. You will indulge me to put a few questions to the coal-heaver, Allen.

Prisoner. (To Allen.) Q. Upon your oath, were you not the man that took me by the collar in the parlour? - A. I was not.

Q. Were you the man that took me? - A. I was, after assistance was called; I took you by the arm and turned the pistols away.

Q. Upon your oath, was not that man, Coward, out of the room when you took me? - A. Yes; he rushed out of the room and called for the poker.

Q. Did you see me hold pistols against this man? - A. I cannot tell; you held a brace of pistols to me, and said, "Come on."

Prisoner. I with to speak to the Hackney-coachman.

  BENJAMIN ISAAC sworn. - Prisoner. Q. UPon your oath, were there four men in your coach when you came from Gracechurch-street? - A. There were but two in the coach; one rode behind, and the other gentleman walked.

Q. Did I go in your coach, or go near your coach at all? - A. You rode in my coach.

Jury. Q. Where did he hire you? - A. In Grace-church-street.

Jury. Q. Where did they bring the trunks from? - A. Out of the Spread-eagle-yard.

Prisoner. Q. Did I engage you, or did I pay you, or put the trunks in? - A. The man that called me put them all in.

Court. (To Isaac.) Q. At what time of the day was it they hired you? - A. It might he about five minutes after one o'clock in the afternoon.

  ELEANOR WALKER sworn. - Examined by Mr. Alley. Q. Are you a married woman? - A. I am; I live with my husband now; he lives in Bersey-street, No. 3, Ratchffe-highway.

Q. What business is your husband? - A. He belongs to the India Company.

Q.When did you see the prisoner before he was taken up? - A. On Tuesday the 30th of January, he laid in my house that night; I keep a lodging-house for sea-saring men; he came at ten o'clock at night, and remained till eight in the morning; I had had never seen the prisoner before that night; I had eight men in my house belonging to the Favourite.

Q. How came you to meet with him that night? - A. He was recommended by Mr. Hughes.

Q. Who is he? - A. He keeps a house in the same parish, and he brought the prisoner to my house; I have kept a lodging-house for sixteen years in the parish.

Q. What kind of house does Hughes keep? - A. A very respectable one, he ships hands for the Indiamen.

Court. Q. How was the prisoner dressed when he came to you? - A.Much in the same clothes.

Mr. Alley. Q. How come you to recollect it was on the 30th of January that he slept in, your house? - A. It was one the 30th of January he slept in my house, because I attended at Guildhall the Thursday following, the 1st of February.

Q. Is it from that circumstance that you recollect the prisoner slept in your house that night? - A. Yes.

Cross-examined by Mr. Gurney. Q. Where is Mr. Hughes? - A. I don't know, I have not seen him to-day; I have attended five or six days, and he has attended till this morning.

Q. You say he is a man who ships hands for the India Company? - A. Yes.

Q. How long have you known Mr. Hughes? - A.For sixteen years: he is very well known in the parish.

Q. What makes you recollect it was exactly ten o'clock at night when the prisoner came to your house? - A.I never open the door after ten o'clock at night to oblige any person.

Q. Was it not Mr. Hughes that called upon you to go to Guildhall? - A. No, it was a stranger, I don't know him.

Q. What time did the prisoner leave you? - A. The prisoner left me in the morning at eight o'clock.

Q. How came you to be so positive? - A.Because I asked him to have some breakfast.

Q. Did he sup at your house the night before? - A. Yes, he did; we had but a little piece of bread and cheese.

Q. Were there none but those eight persons that belonged to the Favourite in your house? - A. None.

Q. Did you take any of these men with you to Guildhall? - A. Without leave they could not leave their ship.

Q. Was any application made to their captain? - A. No, there was not.

Court. Q. Did not the stranger say for what reason you were to go there? - A. He said it was on account of a lodger that had lodged with me.

Q. How many sailors lodged in your house that night? - A. There were eight, and the prisoner was nine.

Mr. Gurney. Q. Did you see the prisoner at Guildhall? - A. No.

Q. When this stranger came to you, he did not tell you what night the lodger had lodged at your house? - A. No.

Q. When did you receive the subpoena? - A. I cannot tell exactly the day.

Q. How long before you came here did you receive it? - A. I received it four days before I came here.

Court. Q. What day did you receive it? - A. I am not positive what day.

Mr. Gurney. Q. Who brought the subpoena to you? - A. I don't know, some person brought the subpoena.

Q. Did they tell you upon what occasion you were to come? - A. Yes; they told me it was a person that had lodged at my house.

Q. A Great many persons lodge at your house? - A. Yes, I make about sixteen beds; sometimes two sleep in a bed, and sometimes three.

Q. You never was able to know that the prisoner at the bar was the man that lodged at your house that night, till you saw the prisoner in this Court? - A. Not at all.

Q. Then how came you to say, you wereable to judge from this circumstance, that the prisoner slept at your house on the 30th of January, because you were called to speak for him two days afterwards at Guildhall - did you know his name? - A. I believe his name is   Thomas Hunter .

Court. Q. Did you recollect the name when you saw the subpoena? - A. Yes; Mr. Hughes told me his name.

Mr. Gurney. Q. Mr. Hughes you are sure did tell you his name.? - A. He told me his name was   Thomas Hunter .

Q.Possibly the person who came to desire you to attend at Guildhall, told you, you were to attend for   Thomas Hunter ? - A. No.

Court. Q. How long was the lodging taken for? A. No particular time; he expected to be shipped on board the Favourite.

Mr. Gurney. Q. Did you make any enquires of Mr. Hughes, when you found he did not come back to your house? - A. None at all.

Q. When you went to Guildhall, you did not know the prisoner at the bar was the person you were going about? - A. No; I was not called upon.

Q. When you were first subpoenaed, did you then know for what purpose you were subpoenaed? A. I was told by Mr. Hughes, it was the same gentleman that he recommended to my house, and that he was taken up for a robbery.

Q. Then you did not know before you came here, that the robbery was committed at the time when you say he was at your house? - A. No.

Q.Therefore you could not know that you were to speak to his being at your house on a certain night? - A. No.

Q. Then how came you to recollect so readily? - A. Because I was called upon the Thursday following to attend at Guildhall.

Q. Do you mean to say then, that Mr. Hughes told you it was   Thomas Hunter you were attending for? - A Yes.

Q. Then you had heard more than once, before you had received this subpoena, that   Thomas Hunter was the person you were attending for? - A. I heard it from Mr. Hughes.

Q. Then you did not learn at first from the subpoena, that you were to attend for Thomas Hunter? - A. No.

Q. Then how came you to tell me, that Thomas Hunter was the person you attended for? - A. That was a mistake.

Mr. Alley. Q. You don't know who it was that gave you the subpoena? - A. No.

Q. Were any other persons taken into custody? - A. No.

Q. Then the prisoner was the only man that was taken into custody, and two days afterwards you were attending at Guildhall? - A. Yes.

Q. Being called upon two days after, you recollect a particular day? - A. Yes.

Court. Q. In what way did Hughes leave his name? - A. He said that he wanted either a situation as captain's servant, or a steward's place in an East-Indiaman, or a West-Indiaman, he did not care which.

Jury. Q.(To Weaver.) You mentioned, at the time you took the prisoner, that you searched him? - A. Yes.

Q. I beg to know, whether you found any thing that had the appearance of crape about him? - A. His pockets were emptied; I found nothing of the appearance of crape, except it was in his breeches pockets, which I did not search.

Court. Q.(To Miss Elliott.) Had the man that stood over you, a crape over his head, or a handkerchief? - A. A handkerchief.

  WILLIAM HUGHES sworn. - Examined by Mr. Alley. Q. Were you here when you were called a while ago? - A. I am but just come; I was not well; I have attended five or six days.

Q.Do you know the prisoner at the bar? - A. I know him very well, I saw him about the 18th or 20th of January.

Q. When was the latest time you saw him? - A.On Tuesday, the 30th of January.

Q.Where did you see him on Tuesday? - A.I saw him a little after eight o'clock in the evening at the Pear-Tree, then he went to Mansell street.

Q.What are you? - A. I am a Custom-house officer; he stopped with me till about half past ten o'clock, I cannot tell to a minute or two.

Q. Do you know where he slept that night? - A. No; I lest him at the Cock and Neptune, Wellclose-square.

Q. Do you recollect his making any aplication to you about his sleeping any where? - A. No, I do not.

Court. Q. Do you take any concern in the shipping of people? - A. I know those that are concerned, but I never shipped a man in my life.

Court. Q. What led you to know you saw him on the 30th of January? - A. It was the 30th, I always keep a regular account in my head of all I do.

Court. Q. Can you tell what you did on the 29th of January? - A. I was down at Blackwall.

Court. Q. You say, you saw him about the 18th or 20th of January? - A. I am not certain to a few days.

GUILTY Death . (Aged 27.)

Tried by the third Middlesex Jury, before Mr. Justice ROOKE.

 

204.   THOMAS HOLDERNESS and   HEZEKIAH SWAINE were indicted for feloniously stealing, on the 31st of October , a black gelding, value 201. the property of   George Gosling , Esq .(The case was opened by Mr. Knapp).

  THOMAS HALL sworn. - Examined by Mr. Vaillant. Q. You are servant to Mr. Golsing? - A. Yes; he lives at  Whittle, near Hounslow ; I took care of Mr. Gosling's horses: On the 31st of October, I turned a black gelding, with two others, into the field, between five and six o'clock in the evening, it was on a Tuesday; the following day, I went to look after the horse, I missed him, and found the other horses upon the Common; the gate was shut with a hasp, when I put the horse in, there was no lock, no other fastening; the hasp listed on a book, any man could open it without any difficulty by listing the gate up; I found it open the next morning.

Q. When you missed the horse, you went down to Banbury? - A. Yes; on the 6th of November; I went to Mr. Wyatt's, he keeps the White Lion, he is the post-master.

Q. When you went there, did you find any horse? - A. Yes.

Q.D marks of this gelding before you missed - He was a black horse, he had a star in his face, two saddle marks upon each side, four white marks upon his pole.

Q. How was his tail? - A. His tail was a full switch tail.

Q. What colour was his legs? - A. His off leg behind was white.

Q. How long had Mr. Gosling had the horse? - A.About a year and a half; I bought him for Mr. Gosling, he is a cart horse; I found him at Mr. Wyatt's, at Banbury, in the stable, he was standing there, trimmed, his main had been pulled and his tail docked.

Q. How did the tail appears after it was docked? - A. As a coach-horse, it was quite fore then, it appeared to have been done for the value of a day or two, it was quite raw and fore; I am sure it is the same horse.

Q. Did the horse know you? - A. I think he did; immediately as I went into the stable, the horse turned his head.

Q. Did you see the prisoners at the bar at Banbury? - A. I got down on the Monday night, and I saw the prisoners the next day morning at breakfast, at Mr. Wyatt's.

Q.Whereabouts in the house? - A. I am not positive what room, but I think, in the kitchen; nothing passed between us, Mr. Wyatt was with me.

Q. When were they taken into custody? - A. On the Tuesday morning, the same morning I saw them at breakfast, it was near nine o'clock, I was not in the room when they were taken, I was with them when they went before the Magistrate, I don't know the name of the place, Mollington, I think, was the name; the Magistrate committed them.

Cross-examined by Mr. Alley. Q. Do I understand you, that over night, you left this horse and two others in the field? - A. Yes.

Q. Your master was very angry with you the next day, because the horses were gone? - A. Yes.

Q. You told us you shut the gate, did you tell your master so? - A. I am sure it was shut.

Court. Q.Describe how it was shut? - A. By listing of it up.

Mr. Alley. Q. Had you ever known the horses go astray before? - A. They had got out, but this horse never left his company.

Q. You had always been as careful in shutting the gate as you were that day? - A. Yes; but sometimes they got through a gap.

Court. Q. Were there gaps in the field at the time you speak of, where they could get out? - A. Yes, there were gaps there.

Mr. Alley. Q. What distance might the field be where the horses were from the common where you found the other horses? - A. About four or five hundred yards.

Q. How many miles might it be from your master's house to Banbury? - A. That I don't know; it is about forty miles to Oxford from Hounslow, and I suppose it is about one or two and twenty miles from there to Banbury.

Q. When you saw the horse in the stable, he appeared differently from the horse you had lost? - A. He was trimmed and docked.

Q. You told us the horse, when you opened the stable-door, turned round and saw you? - A. Yes.

Q.Notwithstanding those alterations, you had no doubt it was your master's horse? - A. No; the moment I saw him I knew him; I can swear it is the same horse.

Mr. Vaillant. Q. Thought the horse has got out of the field before, you always found him with his company? - A. Always.

Q. But you found the gate open in the morning? - A. Yes; and found the other horses only a quarter of a mile off.

  JOSEPH WYATT sworn. - Examined by Mr. Knapp. Q. What are you? - A. I keep the White-lion, at Banbury; I have seen the prisoner, Swaine, at my house.

Q. How far is Banbury from Oxford? - A.Twenty-three miles.

Q. When did Swaine come to your house? - A. On Thursday the 2d of November, between nine and ten o'clock at night; he brought a black gelding with him, it was a heavy coach-horse, or a light cart-horse, I conceived him to be fifteen hands high; I particularly remember a mark upon his pole, four white strokes near the ear, a star in his forehead, three, or more, spots by the saddle.

Q. Do you remember his legs? - A. Not particularly.

Q. Do you remember, before that, receiving any hand-bill? - A. Not before the horse was taken; I saw a hand-bill which came by the post, on Saturday November the 4th, and, in consequence of that hand-bill, it led me to observe the horse more particularly than I should have done.

Q. What did you observe? - A. I observed the horse had been lately docked, within a day or two.

Q. Did you observe any thing else? - A. I observed him to have a hollow back.

Q. At the time the prisoner, Swaine, brought this horse was any body else with him? - A. No.

Q. Was Swaine riding the horse at the time he brought him? - A. Yes; he rode him into my yard.

Q. Did any conversation pass between you and Swaine? - A. Not immediately.

Court. Q. Did he come as a guest to your house with this horse? - A. He did; and the next morning trimmed the horse, he supped and slept at my house.

Q. What passed the next morning? - A. He told me he had got a very useful horse for my purpose, to run at the wheel of a coach; this was after he had trimmed him.

Q. With respect to trimming, what do you mean? - A.Trimming heels, pulling mane, and cleaning ears; then he told me he had got a very useful horse for the wheel; I asked him whereabouts; the price might be; he said, twelve guineas; we did not deal; I did not think the horse was two dear, but I did not chuse to hazard my money; the horse was cheap at that price.

Q. Did any other conversation pass between you and Swaine? - A. He repeated it very much, he begged of me to become a purchaser.

Q. Did you learn from him where he came from with the horse? - A. He said he had bought him; I believe he said at Uxbridge, but I am not confident.

Q. Did you learn how long he had hand him? - A. I don't think he said how long he had had him; that was all the conversation that took place on the Friday; he staid in the house the remainder of the day of Friday.

Q. The horse remained in the stable all Friday? - A. The stable yard.

Q. Do you know the other prisoner, Holderness? - A. Yes, I do; he came on the Sunday evening, much about eight o'clock; the horse remained there Friday and Saturday.

Q. How did he come? - A. He came on horse back.

Q. When he arrived at your house, was the other prisoner there? - A. He was.

Q. Where did they meet each other? - A. I believe, Swaine might expect him, for they went into the yard together; they had been at my house five or six weeks before that, and Swaine staid then eight or ten days.

Q. When you saw them both together, and they appeared acquainted with each other, do you remember any conversation passing relative to this business? - A. Not till the next morning; when I saw them before, they described themselves as partners in a coach, and dealers in horses.

Q. Did they give any other account of themselves at all then? - A. I don't recollect that they did.

Q. Where did they say that they came from? - A.Ealing, in Effex; this was the former time.

Q. Now, on the Monday morning, you say you had some conversation, were they both together at that time? - A. Yes, about nine o'clock; they both requested me to go and see the horse.

Q. Was it before the time they requested you to go and see the horse, that you received the handbill? - A. I received the hand-bill before; Swaine says to Holderness, I have shewn Mr. Wyatt the horse, and he does not chuse to buy him; he

thinks he is rather too sluggish; then I was requested, by Holderness, to see the horse.

Q. Tell us what passed when you were with the horse? - A. I asked Holderness the price of the horse, and he asked me twelve guineas; I did not become a purchaser, I was confident, from the description of the hand-bill, it was the horse belonging to Mr. Gosling; they desired me, if I thought him too sluggish, to run him in my coach; I did not immediately say I would not, because I was in expectation that the horse would be owned; I had, on the Saturday, sent up information, from what the hand-bill expressed, to Mr. Bennett, at the Rose and Crown, Hounflow.

Q. Did you try him in the stage? - A. No; I kept them in suspense about trying the horse.

Q. Did either of them say where they got the horse, or purchased the horse? - A. They said they bought him, but I don't recollect they said where.

Q. All this happened on the Monday? - A. It did.

Q. How soon did any body arrive at Banbury? - A. I believe it was between ten and eleven o'clock at night, on Monday evening; Hall came.

Q. Was he shewn this horse? - A. Yes; and he owned him as the property of Mr. Gosling, he described the horse before he saw him.

Q. Where were the prisoners at this time? - A. They were in bed in one of my rooms; on the next morning, about nine o'clock, I made known the charge I had got against them, and charged them in custody of the officer.

Q. You were present at the time the peace-officers secured them? - A. I was.

Q. Did they say any thing? - A. They sat with their backs to the light, consequently the constable was behind them; the constable said, you must go with me.

Q. What did they say? - A. They said they should not go till they knew what it was for; I told them, it was in consequence of horse-stealing; they requested to know which horse it was, Holderness did, and Swaine was close by him; I told them it was the black horse; Mr. Gosling's servant came in, and they turned round from the table, and Holderness said, he lived servant with Mr. Gosling.

Court. Q. Was that before Hall had said any thing to them? - A. He had made his appearance, but he had not spoke, Mr. Gosling's name had not at all been mentioned; the constable said, I must not be detained here, you must go with me; and he took them before a Magistrate, and he committed them to Oxford Castle; that is all I know about it.

Cross-examined by Mr. Alley. Q. I understand the prisoner, Swaine, came to your house on the Friday evening? - A. On the Thursday evening; the other came three days after.

Q. There are a good many other inns in the town besides your's? - A. There is but one other inn.

Q.Notwithstanding it was thus public, from hand-bills passing through the town, yet those men remained in your house afterwards, and actually wanted to part with the horse? - A. They did.

Q. You have told us when the horse came to your house it was docked? - A. Yes, it was.

Q. Therefore it was nothing uncommon in taking the shears and dressing a horse? - A. Nothing uncommon.

Mr. Knapp. Q. You are the Post-master? - A. Yes.

Q. Did you receive any other hand-bill, except the one you have mentioned, by the post, answering the description we have heard of? - A. None at all.

Q. Were there any other hand-bills that came in the form of a letter by the Post directed to other publicans? - A. There was no other hand-bill that came to Banbury that day to my knowledge.

Court. Q. Have you got the hand-bill? - (The hand-bill produced).

Mr. Knapp. Q. Are you sure this is the handbill you received? - A. Yes; I put my own mark upon it when I received it. (It is read).

"Stolen or strayed away, on Tuesday, October 31, 1797, from a field belonging to   George Gosling , Esq. a black horse, near fifteen hands high, a star in his face, two saddle-marks on each side, a long switch tail, and rather hollow-backed; whoever finds him shall receive a reward of thirty guineas. Apply to Mr. Bennett, the Rose and Crown, Hounflow."

The prisoners made no defence.

The prisoner Holderness called four, and Swaine five witnesses, who had known them from two to ten years, and gave them a good character.

Holderness NOT GUILTY .

Swaine GUILTY Death .

The Jury recommended Swaine to mercy on account of his good character.

Tried by the second Middlesex Jury, before Mr.   Baron THOMPSON .

 

205.   JAMES WARREN was indicted, together with   JOHN DAVIS , for the wilful murder of a certain person to the Jurors unknown .

  EDWARD FUGION sworn. - I am an officer belonging to Bow-street: I was sent, on the 24th of December last, to Portsmouth, to convey the prisoner to town; he was in custody of the goaler of Gosport; he was brought from on board a man of was that had come from the West-Indies; I brought him to town, and in the course of that journey, I had an opportunity of conversing with him.

Court. Q.How did he converse? - A. He conversed very reasonably; there was nothing in his appearance that gave me any idea of insanity.

Q.Or nothing wanting in his natural capacity? - A.Nothing; in the coach I had a great deal of conversation about the murder, and he told a very plain story; I told him one Stephens was in custody, that he had given information of in the West-Indies; Stephens, says he, that is not the man, you have took the wrong man, at which I was very much surprised; I asked him what Stephens it was, and he said, it was another Stephens, that had lived in the same family; upon enquiry, I found that no other Stephens had lived in the family; I enquired at Mr. Cook's, the place he had mentioned; I brought the prisoner to town, and he gave the same information before Mr. Ford, on the 27th of December; he was a soldier in Martinique, and was sent home on his voluntary confession of this murder.

  PETER BENTLEY sworn. - I am a labourer, I live at Stratford; I lived there in the month of July 1794.

Court. Q. Were you employed in any part of that year by any farmer at  Bromley ? - A. Yes, by farmer Mann, July four years coming on, I was employed in cutting of corn.

Q. What day was it you found any thing? - A. I cannot say what day it was, it was in the month of July, about two o'clock in the afternoon; there were fix of us together.

Q. Was Hemming one? - A. He was the first man that found it.

Q. Was Finch one? - A. No.

Q. What were you cutting? - A. We were cutting rye.

Q. What did you find? - A. We found a dead body; it was lying about twenty yards in the corn out of the lane.

Q. What state was it in? - A. Very bad indeed; it appeared to have laid there a fortnight or three weeks; his eyes were eaten out of his head, his nose eat off, and his tongue out of his mouth.

Q. What marks of violence did there appear about his body? - A. He was stuck under his right ear; I observed a knife lying by his right side, on his coat, it was a pen-knife.

Q.Describe how the body was dressed? - A. He had a new pair of breeches on, and a mixture-coloured coat, like a pepper-and-falt colour; he had a pair of velveteen breeches on, of a quite light colour.

Q. What do you mean by velveteen, it was not leather breeches? - A. No; he had a kerseymere waistcoat on of a light stripe, and a flannel waistcoat under that; he had a round hat, it was upon his head when I found it, and one side of it was otten.

Q.Were his pockets searched? - A. His coat pockets were searched; there was one farthing, a tobacco-box, a pair of spectacles, and a pocket-handkerchief, a linen one; the body was carried to the Cherry Tree, at Bromley; I helped to fatch it out for the corner to sit upon it; I have lived there ever since, and work at the same place I did then.

Q. So that, in all probability he was not a man known in the neighbourhood? - A. Not that I have heard.

Q. Did his pockets appear to have been turned out when you found him? - A. Not that I saw.

Q. Was there any appearance in the corn of the body having been dragged? - A. There was a pathway.

Q. But you had never heard of any body having found it before you? - A. Never at all, I never heard any body had.

Q. Did you happen to know the prisoner? - A. Yes, I knew him very well, I knew him a boy; I knew him when he lived at Mr. Atkinson's, on the Green, at Stratford.

Q. What employment was he in at Mr. Atkinson's? - A. As a servant, a livery servant.

Q. Did he live with Mr. Atkinson at the time you are speaking of? - A. No; not at that time.

Q. Where did he live at the time you are speaking of? - A. He lived with one Hawkins, a gardener, at Stratford.

Q. How lately did you see him after finding the body? - A. It might be a twelve-month; he continued in the neighbourhood for a twelve-month after.

Q.During that time, was he discharged for any thing of this fort? - A. I never heard any thing about it.

Q. Of course, finding the body under these circumstances, was very notorious? - A. Yes, the field was soon full; it was given out to be Mr. Phillips's collecting-clerk.

Q. Mr. Phillips is a brewer? - A. Yes.

Q. But that turned out not to be so? - A. I cannot say whether it did or did not.

Q.However the rumour was, that it was Mr. Phillips's Collecting-clerk? - A. Yes.

  JOHN HEMMINGS sworn. - Court. Q. Were you employed in the month of July, 1794, by farmer Mann. - A. Yes.

Q.Were you mowing a piece of rye, with Bentley and others? - A. Yes, I was the first that found the body; the rye filed is very near Bromley, it is in Middlesex; we found a man lying in the rye.

Q.Describe his appearnce? - A. About twenty yards from the lane we found him, he was lying on his right side, in a very putrid manner, his eyes

were eat out, his nose off, and his tongue out, and all full of vermin; I perceived nothing of violence except a mark just under his right ear, and a penknife lying by his side; he had a mixture coat on, it was a lightsh colour, it was rather more a brown than a green, a kerseymere waistcoat, a whire striped one, a flannel waistcoat, and a pair of breeches about the same sort of mine, but rather lighter, I cannot tell what they are called.

Q.They were not leather? - A. No, they were velveteen, of a very light colour; he had a pair of good boots on, a very good hat, only the under side was rotted off, it was a round one; he was carried to the Cherry Tree, and it never was discovered who this man was that ever I heard.

Q.Was there any rumour in the country at the time who it was supposed to be? - A. It was reported that it was Mr. Phillips's collecting-clerk.

Q.But that turned out not so? - A. I cannot tell.

Q. What did you find in his pockets? - A. I found nothing but a tobacco-box, a pair of spectacles, a pocket-handkerchief, and a farthing.

Q. Could you form any idea of his age from his person? - A. We could not tell, it was so much putrified.

Q. Were his pockets turned out? - A. No, I did not perceive there was any pocket turned out.

Q. Had he his own hair? - A. Yes, but I cannot tell the colour.

Q. Did you examine his boots? - A. No, I did not; I only put my hand and touched them when I found him first.

Mr. WALTER sworn. - Court. Q. You were the coroner that took the inquisition upon the body of an unknown person? - A. Yes, on the 17th of July, 1794.

Q. The two wintnesses that have been examined, were examined before you? - A. They were.

Q.Will you describe the state of the body? - A. The body was in so putrid a state we could not perceive one feature in the face, the eyes were out, and the nose gone, the whole was in the putrid state it was impossible to tell; the dress, I understand, was a sage-green coat, (reads from the examination taken at the time), nankeen breeches, new boots, a srill to the shirt, but no ruffles; in his boots were written   Edward Chadpole , and his shirt was marked A R Z, he had a round hat, with the name John Whitely, manufacturer, Piccadilly.

Q. There were no means of tracing who he was? - A. A clerk of Mr. Phillips's had at that time absconded with a large sum of money, I knew the clerk well, which made me more particular in the examination of the body, a rumour had gone abroad that it was him, his name was Dickinson, he is since returned, and is now in Mr. Meux's brew-house; I directed the officers of the parish to make every possible enquiry, but it has not been discovered to this day who the person was.

Q.In all probability it could not be any body in the neighbourhood? - A.There was no person missing at that time.

Q. Did you happen to know any thing about the prisoner at this time? - A.No, I did not; the Jury found the murder to have been committed by a person or persons unknown, on the body of a person unknown.

Q. Mr. FORD sworn. - Court. Q. Mr. Ford, when were you applied to with respect to the prisoner? - A. I was at the Secretary of State's office, I believe, when the letter came from the West-Indies.

Q. In consequence of the letter coming from the West-Indies what was done? - A.Having read one of the inclosures in that letter, I directed an enquiry to be made, respecting the persons he had charged with the murder, in order that I might have them apprehended; when the prisoner came to England, I found one of the persons was a gardener, his name was Stephens, and another person of the name of Davis, who was a coachman to a gentleman in Kent, but I could not discover any thing at that time about it; I then wrote to the Mayor of Portsmouth, desiring him to keep the prisoner till I sent for him; when I heard he was arrived from the West-Indies, I sent down an officer to bring him to London, and another officer to apprehend Stephens, Stephens was apprehended before the prisoner came to town, I examined him, and he denied it; I then examined the prisoner, his examination your Lordship has got.

Q. That, of course, was carefully taken, and contains the account he gave of the transaction?(The examination produced.) A. Yes, it is in my own hand-writing, and signed by the prisoner, I saw the prisoner make that mark.

Q. Were either of these men produced before the prisoner? - A.There were three shewn him, Stephens, Davis, and Skinner, they were shewn to him at different times; Stephens was shewn to him at the first examination; I had Stephens put into a yard, among other persons, and I made the prisoner look out of a window, to see if amongst there persons any one of the murderers wee assembled, he said no, none of them were there; I asked him to look again, to see if any body was there that he knew, then after some time, he said he knew one Stephens that was there, upon which I had Stephens confronted with him; he then said, that was not the Stephens that had been concerned with the murder.

Q. Did that Stephens answer the description he had given of him? - A. Yes.

Q. Did any other Stephens answer the descrip

tion in his information except him? - A. No; no, other person came.

Q. There was no other Stephens answered the description but this Stephens, and when shewn to him, he said, that was not the Stephens? - A. He said it was not. - In regard to Davis, nearly a similar circumstance took place: he was put into the yard with the others, and he said, there were none of the persons concerned in the murder, but that he knew a man there whose name was Davis, but that was not the man he meant.

Q. Did he, after that, give any other account of any other, Davis or Stephens? - A. No. - With respect to the otehr, he was shewn a man answering the description of Skinner, he said he did not know him, that was not the Skinner.

Q. Did he acknowledge this was what passed upon his examintion in the West Indies? - A. He acknowledged it was the substance of what passed in the West-Indies, except he had never said, that Stephens had cut the man's throat.

Q. Then, in fact, he did not deny that person was said to be Mr. Phillips's clerk? - A. No.

Q. Was that paper transmitted from General Taylor, in the West-Indies? - (The paper produced.) A. Yes; they were given to me in this manner,

Q. The prisoner has deposed that Stephens and Davis were concerned in the murder, did he admit before you that part of his deposition? - A. He did.

Q. He understood, and admitted that he had said the person that was murdered, was the brewer's clerk? - A. Yes.

Q.And that that was the account he had given of it in the West-Indies? - A. Yes; there were no other persons to be found of that description, and he said, they were none of them the persons that he meant.

(The examination read).

"Middlesex to wit. Examination of James Warren, private in the 47th regiment of foot. This examinant says, that, about four years ago last harvest, as he was coming up Whitechapel, he met   George Stevens ,   John Davis , and Thomas Skinner, they went to a public-house called the Three Drovers, where they had three pots of beer, when Davis proposed to him taking a walk with them to a public-house at Oldford; that they all went there, and stopped there eating and drinking till three o'clock in the afternoon; that none of them then said a word about robbing or murdering any body; about half past three, Davis proposed taking a walk across the field, which was agreed to; that, in a field, they met a gentleman coming towards them in a blue coat and bucks-skin breeches, the gentleman passed them all, except Davis, who was behind, and believes Davis knocked the gentleman down, for when he turned round, he saw the gentleman upon the ground, and he and Stevens, and Skinner, then went up and asked Davis what was the matter with the gentleman, if he was in liquor? upon which he replied, he has plenty of money, let us have some of it; Davis then took out a small pen-knife, and while skinner and Stephens laid hold of him, Davis cut the gentleman's throat, the gentleman struggled, but did not say any thing; Davis then took some notes out of the gentleman's pocket, and some cash out of his breechest pocket; that he took out a great deal of cath, and put it into his own pocket; he then dragged the body into the corn, the field having either wheat or rye in it, he thinks the latter, that it was pretty high, and that it quite hid the dead body. - This examinant says, that when Davis first saw the gentleman, he said, he believed that he knew him; that after they had so committed the murder, they went to whitechapel, and from there to Red-Lion-street, where they had some beer, and afterwards to a public-house in Holborn, where they had some beer, and went into a private room, and Davis shared the money amongst them, and gave the examinant 150l. 50l. and 10l. in notes, and the rest in guineas; Davis said, the murdered gentleman had been gathering money from public-houses, and was a collecting clerk; after they had shared the money, the examinant went away, and got home about two o'clock in the morning; the examinant lodged at Stratford; he carried the money generally about him, and about a fortnight afterwards, he changed the 50l. note at the Coach and Horses, at Stratford, that he had in change a 10l. note, and the rest in cash; that the landlord changed it, his name was Gibson; the examinant lived on at Stratford, and worked labouring work as usual, and in about twelve months had spent all the money; that he had drank a good deal, and was a good deal troubled in his mind, so much so, that about a year and a half age he enlisted as a soldier with serjeant Jervis, at Stratford, and six months afterwards, was sent to the West-Indies, with three hundred men, to recruit the troops at Matinique; he says, once after the murder, he met Davis, Stevens and Skinner, and drank with them at a public-house in Whitechapel; that he had seen Davis at a public-house in Red-lion-street, about two months after the murder; he afterwards saw him driving a hackney-coach in Holborn, and drank with him; and he has never seen Stevens or Skinner since; that when the murder was committed, Davis left the knife near the dead body, it had a black handle. Examinant says he thinks he was born near Saffron-Walden, in Essex, and is about thirty years of age, and that the prisoner now shewn to him, Stevens, was not the person who was with him, when he committed the murder aforesaid.

Signed,   James Warren ."

"Further examination of   James Warren . Davis, mentioned in the former examination, is a coachman, thirty years old, rather lufty, about five feet eight inches tall, wore his own lank hair curled at the sides and short behind, had on a blue coat, round hat and boots; that after he had cut the gentleman's throat his hand was bloody, and he washed it at a ditch; that he does not know where he is now. - Examinant further says, Stephens is about five feet eight inches high, longish nose, older than Davis by a few years, and wore a drab coat; that examinant knew him where he lived, five or six years before, as gardener at Mr. Cooke's, the distilers, at Bow, but does not know where he lived when the murder was done. With regard to Skinner, he never saw him till the day of the murder; he looked like a labourer, about forty years old, black hair hanging over his shoulder, flourish made, black eyes, and full thick nose. - Examinant was in liquor at the time the murder was done.

  EDWARD FUGION called again. - Q. Were you, in consequence of the examination of the prisoner, employed to inquire after either Davis, Skinner, or Stephens? - A. Yes, Stephens.

Q. Did you find him? - A. Not the Stephens that was first apprehended; Sayers is here who apprehended him first.

JOHN SAYERS sworn. - I apprehended Stephens; I made the first inquiry in Red-lion-street, Holborn, after Davis.

Q. What led you to inquire there? - A. I believe, it was in consequence of the confession of this man, that first led me to inquire there.

Q. what was his name? - A. I am not sure, I believe, John; I found that he lived with a gentleman in Mark-lane; in consequence of that I went there, and learned that he was in the country, and the gentleman said, he would produce him on any day at Bow-street, when the prisoner was examined again.

Q. Was he produced? - A. Yes; he came to Bow-street.

Q. Why did you go to Red-lion-street to inquire? - A. In some part of his confession, he said he was a coachman, and he had lived with a Mr. Atkinson, in Red-lion-street, there I learned that Mr. Atkinson was gone away; I told them I wanted to see his coachman, that I was just come out of the country; in consequence of that, I found him in Mark-lane, and he was produced at Bow-street; I went to one of the India Warehouses and apprehended Skinner; Warren had described him as a coachman too; from the description of Skinner, I made inquiry among the Hackney-coachmen how many Skinners there were Hackney-coachmen, and there I learned there were three brothers; I asked if there was any one of them that had long carrotty whiskers; and they said, yes, there was one.

Q. Had the prisoner described him as such? - A. Yes, but not in my hearing; I learned that two of them were dead; I apprehended the one that was living, and took him to Bow-street; the prisoner, to the best of my knowledge, said, that he knew that man, but he was not the man that he meant; I afterwards went to Hendon, and apprehended Stephens, and brought him to Bow-street; the prisoner knew him but said he was not the man.

Q.(To Mr. Ford.) Did he give you any better information where these men were to be found when they turned out not to be the men? - A. No, he did not.

Fugion. When that Stephens was produced, he said there was another Stephens that lived with the same master before this Stephens came there, but upon inquiry, we learned that there had not lived any other Stephens in the family.

  CHARLES GIBSON sworn. - In the year 1794, I lived at the Coach and Horses at Stratford; I had lived there seven years before that.

Q. Look at the prisoner at the bar, did you happen to know him while you lived at Stratford? - A.Perfectly well.

Q. What was he? - A. I never knew he had any constant employment; I took him to be a labourer with Mr. Atkinson, I did not understand him to be a yearly servant, he was among the coachmen.

Q. You must have remembered the story of a person having been found apparently murdered in the corn-fields? - A. Yes, I do recollect the circumstance.

Q. It was very notorious, was it not? - A. Yes.

Q. Did the prisoner ever frequent your house? - A. Sometimes he did.

Q. Either before or after the time of this person being so found dead had the prisoner ever changed any note, with you? - A. No, never in his life.

Q. Did he ever make any application to change any Bank-note, or other note? - A. No, he did not.

Q. Is it possible that you may have changed a note for him, and that it had escaped your memory at this time? - A. I do not think it possible.

Q. Could such a thing, as changing a fifty pound note for him, have escaped your memory? - A. It is impossible.

Q. Were you regular in the accounts you kept of your cash? - A. Once in twenty-four hours I know to a penny, or thereabouts, what I had.

Q. Have your referred to your memorandums, or accounts? - A. I have.

Q. And nothing of that kind appears? - A. Nothing of the kind.

Q. And therefore, it is impossible that any thing of the kind can have happened to you? - A. Cer

tainly; more especially as coming from such a man; such a thing as a fifty pound note does not very often come by me.

Court. (To the Prisoner.) Q. Do you with to say any thing for yourself?

Prisoner. No, nothing at all.

NOT GUILTY .

Court. Prisoner. If it had not been that the laws of this country will not suffer the life of a man to be take away, even upon his own confession, without a close examination of all the circumstances of the case, in all probability your life might have been forfeited, and I don't know whether it would have been much to be lamented or not if that had so happened; you have been guilty of a gross falsehood, probably with a view of evading the service of your King and Country in that part of the world in which you happened to be; it is to be hoped, however, that your intentions will be frustrated, and that you will be sent back to the same, or a similar station, where you may be in a condition to serve your King and Country.

Tried by the second Middlesex Jury, before Mr.   Baron THOMPSON .

 

206.   ANN GANLEY , otherwise JOHNSON , was indicted for feloniously stealing, on the 12th of January , two cotton bed-curtains, value 7s. two linen sheets, value 8s. a cotton window-curtain, value 2s. two feather pillows, value 6d. two linen pillow-cases, value 2s. a woollen blanket, value 5s. a cotton counterpane, value 4s. a looking-glass in a gift frame, value 7s. a flat-iron, value 1s. a brass candlestick, value 1s. three earthen-ware plates, value 6d. two knives, value 6d. two forks, value 6d. and a wine glass, value 3d. the property of   John Hickson , in a lodging-room, let by him to the said Ann, and a certain man whose name is Johnson, and whose Christian name is unknown .

  JOHN HICKSON sworn. - I keep a lodging house, No.  1, Robinhood-Court, Shoe-lane, in the parish of St. Andrew : My wife and I let the lodgings to the prisoner, about the 24th of November, I cannot be positive to the day; she came to me, and asked the rent of the room, I had a bill up; I told her it was three shillings a week, it was a furnished lodging; she went up to look at the room with my wife; she said she liked the room very well, she agreed to take it; she offered a tea-pot, which she pulled from under her long cloak, as earnest; I told her it was usual to have a character from the last place where she lodged; she paused for some time, and appealed to a woman close to her elbow, who came with her; she said, this is my aunt, she will answer for my character; I told her that would not do; I told her I preferred having a character from the last place where she lodged; after some hesitation, she gave me an address to a Mrs. Chevis, in Suffolk-street, behind the Mint, between that and the King's-Bench; it was a very dark night, I went over notwithstanding the darkness of the night, I found the house with much difficulty, Mrs. Chevis opened the door; in consequence of a conversation between Mrs. Chevis and me I let her the lodgings; she called, soon after I came home, to know if her character answered, and I said, yes, and she came in that same night; I let it to her as a married woman, she said, her husband worked on Snowhill, at a watch-maker's, that his name was Johnson; this was one Wednesday, and she told me she would pay me the half week on the Saturday night; she said, Mr. Johnson was out of town, she expected him home on Saturday.

Q. Did she tell you his Christain-name? - A. No; he came on the Saturday night, and went away on the Sunday morning following; I have never seen him since.

Court. It is impossible to go on upon this indictment; the prisoner is charged, as a single woman, with having robbed her ready furnished lodgings; the fact is, that Hickson coutracts with her as a married woman, and therefore the contract is with the husband, who would have been answerable for the rent.

NOT GUILTY .

Tried by the London Jury, before Mr.   Baron THOMPSON .

 

207.   ROBERT FENTON was indicted for feloniously stealing, on the 5th of January , twenty-one beaver skins, value 5l. and nineteen fox skins, value 4l. the property of   Simon Macragot ,   John Frazer ,   James Frobisher , and   James Hannibal , in a certain lighter of   John Briant , upon the navigable river of Thames .

Second Count. Laying them to be property of   John Briant .

Third Count. Laying them to be the property of certain persons to the Jurors unknown.

(The case was opened by Mr. Knowlys.)

- ROWE sworn. - Examined by Mr. Knowlys. I am a skin-broker: On the 12th of February, I received a note from Mr. Waldock, furrier, in Bush-lane, Cannon-street; I went there, and saw seventy-two beaver skins, upon my looking at the skins, and from their being a rought state, I was convinced in my own mind, that they were taken out of some bales that my people had been landing that week out of the Uretta, Capt. Patterson, from Quebec; there was no other Quebec ship unloading at that time.

Q. To whom was that cargo consigned? - A.Messrs. Mactagot, Fraser, and Co. and different merchants in London; the whole ship's cargo came to my warehouses; I went to the warehouses to examine the beaver skin bales, and found a deficiency in many of them.

Cross-examined by Mr. Knapp. - Q. Where was the Uretta lying? - A. At  Wapping .

Q. On the Middlesex side? - A. I believe it was on the Surry side; the lighterman is here.

Court. Q. Could they have been in any furrier's hands? - A. They could not.

Q. Could they have gone fairly into any other hands but your's? - A. No, none.

  JOHN BRIANT sworn. - Examined by Mr. Knowlys. I am a lighterman : I was employed to unload the ship Uretta.

Q. Where was she lying? - A. At King's stairs, Rotherhithe.

Q. Was the prisoner employed by you? - A. Yes, he was a lighterman in my employ.

Q. Did he bring the goods up to London? - A. I have been so extremely ill, that I have been obliged to let my foreman Waller do my business, he is here.

Court. Q. What was the prisoner's employ? - A. To bring goods up to Bear-quay.

Mr. Knapp. Q. It was his duty to bring them from the ship, on the Surry side of the water, to Bear-quay? - A. Yes.

Q. And then they were put into the hands of the watchman? - A. Yes.

  WILLIAM WALLER sworn. - Examined by Mr. Knowlys. I am foreman to Mr. Briant, the lighter-man.

Q. Was the prisoner employed by you? - A. He was employed to bring up three crast; he was not the man tath stowed them, nor the man that watched them; I lent him a hand up with one of them part of the way, up to Porter's-quay.

Q. Had not he the care of the crast? - A. No; he always had another man with him.

Q. Who unloads the crast when it gets to the quay? - A. Ticket-porters unload them.

Q. You came up with him with the lighter, did you leave him with the lighter? - A. No, I did not.

Q. Did you go away together? - A. I cannot rightly say, but I know I was pretty well the last man that left that crast, barring the watchman.

Q. How long has be been engaged in unloading fur ships? - A. I cannot say he was engaged at all in unloading the ship.

Q. Was it his business to bring them up? - A. Yes.

Q. How long has he been employed to bring up the crast? - A. I cannot say, it may be two or three years.

Q. How long have you known him? - A. Sixteen years.

Q. How long have you known him engaged by Briant? - A.Eight or nine years.

Q. Has he, during that time, been engaged in bringing up the crast from fur ships? - A. Yes.

Cross-examined by Mr. Alley. Q. How long have you been employed yourself? - A. Near ten years, I believe.

Q. Have you continued in his employ all that time? - A. Yes.

Q. The prisoner has also been employed between eight and nine years? - A. Yes.

Q. It was not the prisoner who was at all entrusted with the property? - A. No.

Q. Have you not Custom-house officers on board, to whom the care of the property is committed? - A. Yes, during the time they are on board.

Q. There was also a watchman belonging to the merchants? - A. Belonging to the captain there was.

Q. Then to them was committed the custody of the articles on board the lighter? - A. Yes.

Q. After you come up to the shore, is it not committed from the officers belonging to the ship, to officers belonging to the shore? - A. Yes; as soon as we were showed in shore, there was a watchman sat, but he seemed to be in liquor, and there were two watchmen of Mr. Briant's put into the lighter.

Q. Then the custody of the lighter was given to them? - A. Yes.

Q. What was the duty of the prisoner, after the charge was given to these men? - A. To go home, if he pleased.

Q. Was it not his duty to have gone on board? - A. No.

Q. But is it not the usual custom? - A. Yes.

Q.Whetever you took from the Uretta, was taken on the Surry side of the river. - A. Yes.

Q. Upon the oath you have taken, was there an opportunity, all the time the prisoner was on board, to have cut, untied, and tied up again those bales, without your observing him, or the Customhouse officers? - A. I should think not.

Q. When you came on shore, were you not moored alongside other lighters, not belonging to Briant? - A. Yes, many empty lighters.

Q. Do you know whether this was a lighter that belonged to Briant, or one that was hired for that day for the purpose of carrying these goods? - A. It belonged to Mr. Briant.

Q. How long were you on your passage from the ship Uretta to the shore? - A. I look upon it to be about half an hour.

Q. What distance was it from the ship to the Custom-house? - A. Best part of a mile.

Q. Were you on board from the first? - A. No, I came on shore about half way between the ship and where the lighter went to land; the tide ran very hard, that made me go to assist him.

Court. Q. Who was on board besides? - A. A Custom-house officer, and a watchman from the ship; I do not know the name of either.

Q. How many lighters had the prisoner under his care that day? - A. No other that that lighter.

Q.You told us he had three lighters under his care? - A. He brought three different lighters from that ship, during the time she was there, which might be seven or eight days.

Q. But how many were there on the 5th of January? - A. I don't think there was more than that one came from there that day, that was the first lighter, I think.

Q. What time was it when you landed? - A. It might be near three o'clock.

Q. Where was your lighter? - A. I was in the lighter with the prisoner.

Q. You did not assist in loading her? - A. No; nor the prisoner either.

Q. How do you know that, if you were not there? - A. He was not there at the time, I am well convinced.

Q. Where were you? - A. I cannot rightly say, I was at all parts of the River looking after business.

Q. When you came on shore, who went on shore first? - A. I went on shore first, I think.

Q. Who did you leave on board then? - A. There was nobody left on board the lighter.

Q. How came you not to look after the watchman, to take charge of the lighter? - A. The captain's men, I believe, returned to the ship.

Q. What became of the officer? - A. He went to the ship, I expect, I cannot tell, they must leave their note before they leav the lighter.

Q. They must leave it with whom? - A. With the King's officer on shore.

Q. Did he do so? - A. I cannot say.

Q. Did he come away with you? - A. I do not know.

Q. Then what became of him? - A. I cannot say what he went after.

THOMAS SAVILLE sworn. - Examined by Mr. Knowlys. (Produces the skins). I am foreman to Mr. Waldock, furrier, in Bush-lane, Cannon-street.

Q. He is a quaker, I believe? - A. Yes.

Q. Were those skins brought to your master's house and when? - A. Yes; I think on the 12th of January, by Mr. Redmaine's porter.

Q.Do you mean that Mr. Redmaine, who was taken to the Union-office and committed for receiving these skins? - A. Yes; I saw Redmaine the next morning come to receive some money.

Q. Did Mr. Rowe come to your house and see these skins? - A. Yes.

Q. Were there any skins produced at Unionhall, when Fenton was in custody? - A. I do not remember that there were any of these skins taken there.

- JELLICOE sworn. - Examined by Mr. Knowlys. Q. You are one of the clerks at the Union office in the Borough? - A. I am.

Q. Were you present when Fenton and Redmaine were produced at the office? - A.I was.

Q. What was Fenton charged with there? - A. On suspicion of stealing some skins.

Q. Were the skins at Mr. Waldock's, on the subject of enquiry? - A. Yes.

Mr. Knapp. Q. Were the skins there? - A. No.

Q. Upon that occasion, was Fenton's examination taken down in writing? - A. Yes.

Q. Was any promise of favour made, if he gave an account of it? - A. No.

Mr. Knapp. Q. What was taken down was read over to him? - A. I believe it was.

Q. Will you swear that? - A. I will not be positive that it was read over to him; he looked over the book himself, as I had taken it down before he signed it.

Q. Did he do more than sign it, without reading it? - A.He desired to look at what he signed before he signed it.

Q. Who handed the book over to him? - A. He stood close to the table where I was.

Q. From the time it was written, to the time he signed it, had he time to read it over? - A.He had; he was desired by the Magistrate to read it.

Mr. Knowlys. Q. Was he not frequently cautioned, by the Magistrate, not to sign it till he had read it over? - A. He was.

Q. Did he sign it? - A. He did.

Q. Did the Magistrate sign it in your presence? - A. Yes.

Q. Is that the original examination? - A. It is.(Reads)."I took the skins to Redmaine, now present; I went to him first, and asked him to buy them; he said he could not say what he could give for them, till he saw them; Redmaine paid six guineas in part; he said they might be worth 30l. or 40l.; I had also 10l. of him, four guineas, and other smaller sums; I found the skins in a lighter, I saw something white under the edge of the lighter; it was not the lighter employed to bring the goods, but an empty one; I told Redmaine I found them in the lighter."

Q. Was this man charged with stealing other skins that were present at the office, or only the skins that were taken from the ship Uretta? - A. I understood it was the skins taken from that ship.

Q.The other skins were skins taken from a gentleman in the Borough, and with which some other person was charged? - A. Yes.

Cross-examined by Mr. Knapp. Q. Did not you understand the Uretta to be lying on the Surry side of the water? - A. Yes.

Q. Was the prisoner sworn to give evidence against any body else? - A. No.

Mr. Knowlys. (To Mr. Rowe.) Q. You attended as a witness against the prisoner before the Magistrate? - A. Yes.

Q. What skins might he be charged with stealing, before the Magistrate? - A. Beaver and otter skins.

Q. Was he charged with stealing skins from the Uretta? - A. Yes, he was.

Q. Be so good as look at those skins? - A. These are new beaver skins.

Q. Could they have been in the market that year? - A. I do not think they could, for they are exactly in the folds in which they came to us from abroad.

Q. Were the bales of beaver that you received deficient? - A. Yes; we discovered, I believe, sixty or seventy skins, but there might be more, because I believe all our packages are not unpacked yet, but as far as I have examined the packages, there are sixty-seven beaver skins missing; they are worth about ten shillings a skin.

Cross-examined by Mr. Alley. Q. How do you know there were so many missing? - A. By comparing the invoice with the quantity that I entered.

Q. Where is the invoice? - A.(Produces it.) It is a consignment to the merchants here.

Q. You do not know the hand-writing? - A. No.

Q. Then it may or may not be a consignment from abroad for any thing you know? - A. I have no doubt of it.

Q. Do not you know that invoices are very frequently incorrect? - A. Yes.

Q. Do not you recollect when the prisoner was examined at the Police-office, that although he received frequent admonitious not to make a confession, yet the moment the confession was written, he signed it, without it being ever read to him? - A. No; I do not recollect that.

Q. When the prisoner was examined, were there any one of those skins there? - A. No.

Q.Therefore he could make no confession of these skins? - A.Certainly they were not there.

Mr. Knowlys. Q. Is that the invoice by which the goods are entered? - A. Yes; and the invoice by which we have paid the duties.

Q. Was the prisoner charged with stealing any other skins than what were said to come from the ship Uretta? - A. No others.

Q. I believe there are such skins as these about the town? - A. Not in that state; there are certainly such skins about the town, but there were none came this year but that ship; the whole of last year's came into our possession also.

Q. Do not you know it is too much the case that goods of this sort are smuggled? - A. I have heard of such a thing.

Mr. Knowlys. Q. They never go out of your possession in that state? - A. No.

Court. (To Saville.) Q. Are you servant to Mr. Waldock? - A. Yes.

Q. These were brought by Redmaine's porter? - A. Yes; and Redmaine came the next day to agree for some other skins for one Mr. Fell; some of these beaver and otter skins were lying there, and he said they were remarkable fine skins.

Prisoner's defence. I found them in an empty lighter.

  JOHN HAGARTY sworn. - Examined by Mr. Knapp. I was on board the Uretta; I worked her out entirely in January, into different lighters.

Q. When you had worked her out into different lighters, did you go on board the lighters? - A. I did lend a hand to bring up some.

Q. Was the prisoner with you? - A. He never was, except the two last lighters that we brought up together.

Q. Did you go with him from the ship Uretta? - A. Yes, up to the quay.

Q. Did you see him, during the time you were with him, untie or cut any of these bales of skins? - A. It is a thing impossible, without my seeing it or the other watchman.

Q. How many persons were there in the crast? - A. There was Israel Case, the lighterman, and two officers and a watchman besides, Harley was one of them, Paradise was the officer; they were all on board.

Q. If he had cut these skins must not you have seen him do it? - A. Every one of us must have seen him.

Q. Was the prisoner at the bar on board any other lighter? - A. Yes; he was on board the Surry lighters in the afternoon, and then he and I were both in the last two crast; the prisoner never took away a crast without a watchman, and an officer, in her, and that was always in the afternoon; we came to Porter's-quay with the crast, and then we delivered it up to the watchman.

Q. What became of you after you had moored your crast? - A. We went about our business, I suppose.

Q. Did you leave Fenton behind you? - A. No.

Q. Did Fenton go away with you? - A. He lives on the Surry side of the water, and Saville on the London side.

Q. Was there any other ship along-side the Uretta? - A. Yes.

Q. What was that ship loaded with? - A. She was delivering oil.

Q. Had she any skins on board? - A. I cannot pretend to say.

Cross-examined by Mr. Knowlys. Q. No other persons, but Briant's men, were employed to unload the ship, and bring her up? - A. No.

Q. Then, till you got to the Quay, every thing was safe? - A. Yes.

Q.Sometimes he came without you? - A. I was forced to stay to work the ship out.

Q. Therefore he went without you sometimes? - A. No doubt of it.

Q. Where he was after you left the craft at the quay you cannot tell? - A. No.

Q.Whether he came back to the crast again you do not know? - A. No.

Q.When you left your lighter at Porter's-quay, were there not tarpaulins over it? - A. Yes.

Court. Q. How many lighters did this man work? - A.Different lighters; I cannot say how many, I did not make a minute of it.

Q. But you then went on shore with him? - A. Yes.

Q. You did not see him do any thing then? - A. No.

Q. You were watching him all the time? - A. Yes; I was working the ship.

Q. You suspected him then, or how came you to watch him? - A. It was impossible for him to come up and do it.

Q. Were you both in the same lighter? - A. Yes.

Q. Who worked the-other lighter? - A. Case did; both the lighters were lashed along-side of one another.

Q. Did any body come on board to help you? - A. There were three of us.

Q. Did any body else come on board to help you? - A. No, nobody else.

Q.Then it is not true that any body came on board half way to help you? - A. Nobody at all came on board.

Q. How many more lighters did he work up? - A. He might work as many as two, or three, or four, I cannot say.

Q. But you never went on shore with him but once? - A. I never went on shore with him only with the two last crast.

Q. What day was it? - A. I did not make a minute of it.

Q. How many days did it last? - A. I cannot say.

ISRAEL CASE sworn. - Examined by Mr. Alley. I was employed in working up some lighters from the Uretta, in the month of January; there were Mr. Hagarty, myself, and Fenton, two officers, and the watchman, in the lighters with me.

Q. Did you accompany the prisoner all the way up to the Custom-house? - A. Yes; there were two lighters, one lashed along-side the other.

Q. Were either the prisoner or you out of one or other of the lighters all that time? - A.Occasionally, sometimes in one and sometimes in the other.

Q. They were covered with tarpaulins? - A. Yes.

Q. Did you observe the prisoner attempt untying the bales, and tying them up again, - was it possible for him to have done it without your observing it? - A. It was not.

Q. Upon you arrival at Porter's-quay who are the persons that generally unload the lighters? - A.ticket-porters.

Q.Suppose there are not a sufficient number of ticket-porters, what do they do then? - A. They employ any worthy men.

Court. Q. Did you ever in your life know that happen, that there were not ticket-porters enough? - A. Yes, many times.

Q. Not ticket-porters enough upon the quay to do the labour? - A. Many times.

Q. It is a common thing, is it? - A. It is a common thing.

Q. Did you never complain to the City of London, that they do not furnish porters enough? - A. It is nothing at all to the journeyman lighterman; I am servant to Mr. Briant, my master is the man that transacts the business.

Q. How many lighters did he bring from that ship? - A. I cannot say.

  RICHARD PARADISE sworn. - I am an extratidesman: In the beginning of January, about the 3d or 4th, we began working the Uretta out.

Q. How long did it last? - A. About nine days, I think.

Q. Were you there during the whole time the ship Uretta was unloading? - A. I was.

Q. Where did she lay at that time? - A. Near Rotherhithe church.

Q. Did you go with the prisoner at the bar, and Case and Hagarty, with any crast to Porter's-quay? - A. I did.

Q. How many crast? - A. I cannot say.

Q. Did you go with all the crast? - A. No; I might go with six or seven.

Q. Did the prisoner go with all this crast? - A. No, he did not.

Q. Did you go with this crast that the prisoner did go with? - A. No; I went with him twice or three times; I went with him in the first.

Q. The Uretta, we have heard, was laden with skins? - A. Yes.

Q. The crast, of course, contained these skins that were taken from the ship Uretta, and taken away to Porter's-quay? - A. Yes.

Q. How were they secured in the lighters? - A. Some were close, and some were not.

Q. How many times do you think the prisoner at the bar might go from the Uretta to Porter's-quay, without your being present? - A. Very few, indeed; I went most with Case, and the man with one arm.

Q. Did you, at any time, observe any loss of skins from the lighter? - A. I did not.

Q. If he had been untying, or cutting them, and tying them again, must you have observed it? - A. I must.

Q. Did you observe it? - A. I did not.

Q. When you come to Porter's-quay, it becomes your duty to deliver them up, and put them in the charge of a watchman? - A. Yes.

Q. And, of course, you did remain there till the watchman had charge of this lighter? - A. Yes.

Q. We have heard about ticket-porters? - A. Yes.

Q. The ticket-porter's business is to assist in unloading the vessels? - A. I do not know much of the business.

Q. Do you know, in point of fact, that from negligence of the ticket-porters other people are engaged, besides the ticket-porters? - A. Yes, many people; the guards, and others.

Mr. Knowlys. Q. The prisoner made some trips when you were not with him? - A. Yes.

Mr. Knapp. Q. Did he ever go by himself? - A. No.

Court. Q. Was your station on board the ship? - A. Yes.

Q. Then your business was to remain on board the ship? - A. Yes.

Q.How many lighters were employed to unload this ship? - A. We never had but two at a time.

Q. Did every lighter that went from the ship to the shore take a watchman and an officer? - A. Yes, they always did.

Q. Will you swear they never went from the ship to the shore without a tidesman and a watchman? - A. I cannot swear there was a watchman every time.

Q. Will you swear there was a tidesman every time? - A. Yes; the ship book-keeper's name was Edward Williams, he was there to see the unloading.

Q. Did he take down the name of every man, and every officer, that went on shore with the lighters? - A. Yes.

Mr. Knapp. We have subpoenaed Williams but cannot find him.

  DAVID HARLEY sworn. - Examined by Mr. Alley. I am ship-keeper on board the Uretta.

Q. Do you remember what time it was? - A. The beginning of January, to the best of my knowledge; I do not recollect the time.

Q. Were you attending on board the ship all the time she was unloading? - A. Yes.

Q. Do you remember the prisoner going on board the ship, with lighters? - A. Yes.

Q. How often? - A.Twice, I think.

Q. Do you know that he went oftener than twice? - A. I cannot say.

Q. Is it usual to send an officer with the lighters to take care of the goods? - A. An officer always went with me in the lighter.

Q. Do you recollect coming up from the ship in the lighter along with the prisoner? - A. Yes, twice up.

Q. Each of these times, were the different articles on board covered with tarpaulins? - A. Yes.

Q. Was it possible for the prisoner to have robbed these barges without your knowledge? - A. I think it was impossible.

Q. Do not you think you must have observed him, if he had robbed them? - A. Yes.

Q. When the prisoner arrived in London, having delivered his cargo, he went on shore? - A. I cannot say.

Court. Q. Nobody came on board as you were going on shore-you had hands enough to navigate your lighter without assistance? - A. There is always a lighterman to get the craft up.

Q. How many days were you at work there? - A. All the time the ship was being discharged, I suppose about a week, or it might be more.

  ISAAC BRADSHAW sworn. - Examined by Mr. Knapp. I watch for Mr. Briant, upon the lighters.

Q. Do you remember the time of the unloading the ship Uretta? - A. I do not know any thing at all about the ship.

Q. Do you remember the lighters coming up? - A. I was not there at the time of the lighters being brought up.

  JAMES BAKER sworn. - Examined by Mr. Knapp. - I am a watchman employed by a lighterman at Porter's-quay.

Q. Do you remember the time of the Uretta being discharged? - A. No.

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

Q. Do you know of his being employed to bring the lighters to Porter's-quay? - A. Yes.

Q. Do you remember having any skins given you in charge to take care of on board the lighters? - A. Yes; Bradshaw was with me, one watched the head, and the other the stern.

Q. If there had been any skins untied or broke, or taken away, should you have observed the vacancy it would have occasioned? - A. No; I do not see how we could see that.

Q. Was there a tarpaulin over the property? - A. Yes.

Q. The moment that they were delivered over to you, they remained perfectly safe, of course? - A. Yes.

Q. The prisoner never came on board the lighter after the things were delivered to you to watch? - A. No.

Q. If any harm had taken place on board the lighter after that time, either you or Bradshaw must have known it? - A. Yes.

Q. Nothing of that sort did take place? - A. No.

The prisoner called five other witnesses, who had known him from fifteen to twenty years, and who all gave him a good character.

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

 

228.   JOHN DISNEY was indicted for that he knowing one Henry Foreman had committed a felony, did feloniously receive, harbour and maintain the said Henry, against the form of the statute,&c .

Court. Gentlemen of the Jury, This indictment is so completely bad, that you must acquit the prisoner; he is charged with harbouring a man who has committed a felony; the indictment ought to have charged what that felony was; it states that he has committed a felony without stating what that felony is.

NOT GUILTY .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

229.   JOHN FOLLET was indicted for feloniously stealing, on the 16th of November , nine sheets of stamped paper, value 18s. and a Banknote, value 10l. the property of   Thomas Phillipson and   Thomas Lamb .

  THOMAS PHILLIPSON sworn. - I am an attorney at law , in partnership with Mr.   Thomas Lamb : The prisoner was a clerk in our service, he had been in our service about four days; he came into our service about the 13th or 14th of November last; on or about the 16th or 17th of the same month, he came to me in  Ely-place , he told me he wanted some silver for the business of that evening; I told him I had not any, but having a good opinion of him, I gave him a 10l. note for the business he said he wanted it for that evening; on the following morning he did not come to business as usual, I myself applied at his lodgings to know the reason why he did not come, I saw his landlord, who told me he had not been home all that night; finding he did not come, having occasion for some stamps, I looked into our office to see for them, and I missed the two-shilling stamps; I made frequent applications afterwards to his lodgings, but could not find him; about the 10th of January, he was taken by an officer before the Magistrate, who committed him for further examination; I asked him the reason why he did not return me the 10l. note.

Q. Did you make him any promise of favour? - A.None in the world.

Q. Or any threat? - A. None in the world; I asked him how he came to take the stamps; he acknowledged having the Bank-note, and he acknowledged taking the stamps, but said he had lost them altogether.

Cross-examined by Mr. Balmanno. Q. In what state were those stamps, had they been used? - A. Not to my knowledge; they were only bought the day before.

Q. They were not found? - A. He acknowledged having had them.

Q. Did you search at the Stamp-office if they had been allowed? - A. No.

Q. Is it not usual for attorneys' clerks to get money for the purposes of business? - A. Yes; he asked me for some silver, I think it was to get a rule; I am sure there was nothing wanted that evening that could exceed twelve shillings; I believe, the whole that he had to do, was only four shillings and sixpence.

Q.Was that business done? - A. I believe it was.

Court. If you give a clerk a Bank-note for the purpose of doing business for you, and he takes the remainder of it for his own use, that is not stealing a Bank-note, certainly.

Q. Is it not frequently the case that attorneys' clerks take out stamps for the purpose of doing business? - A. Not in our office.

Q. But is it not very frequently done? - A. I cannot say what is done in other offices.

THOMAS LAMB sworn. - I am partner with Mr. Phillipson; I know no more of it than he does.

Mr. Balmanno. Q. What character had you with the prisoner? - A. A very good one.

Q. Were you present at this confession that we have heard of? - A. Yes; he said he had taken the stamps, and lost them with the Bank-note.

Q. You did not understand from that acknowledgment, that he meant to take this Bank-note and the stamps? - A. Yes, I did: I myself gave him the order to take out the rule, it was a rule for judgment.

Prisoner's defence. I left the employ of these gentlemen on the Friday evening, and the stamps might be in the office then, for any thing I know; these stamps I absolutely engrossed myself, and left them in the office.

NOT GUILTY .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

230.   EDWARD CRECE was indicted for feloniously stealing, on the 20th of January , an umbrella, value 5s. the property of   Thomas Donahoo .

  THOMAS DONAHOO sworn. - I am an umbrella-maker ,  near St. Giles's church : On Saturday night, the 20th of January last, about half past eight o'clock, I lost an umbrella that was hung up in the shop; I saw the prisoner come up to the

door with another man, the other man came in under pretence of buying some goods; I saw the prisoner go off with an unmbrella that hung near the door; he ran away, and I followed him, I got hold of him by the collar, he had just got clear of the house, I never lost sight of him, he came back with me, with the same umbrella in his hand; I sent for a watchman, and he was taken to the watch-house till Monday morning, and then he was committed; the umbrella was sent to the watch-house with my mark upon it, I sent it by the watchman.

Cross-examined by Mr. Alley. Q. That poor fellow is one of the Tower-Hamlets Militia? - A. I do not know.

Q.One man came into your shop under pretence of buying? - A. Yes.

Q. Do you mean to swear, that he only came in under pretence? - A. Yes.

Q. You never saw the prisoner till you caught hold of him by the collar, with the umbrella in his hand? - A. Yes, I saw him come up to the door with the other man.

Q. Upon your oath, did you ever see them speak one to the other? - A. I cannot swear to that.

Q. What did you mean by swearing that they came together then, if you did not see them speak to each other? - A. They came together.

Q. There is generally a croud about that time on a Saturday evening? - A. Yes, no doubt of it.

Q.What you came back with the prisoner, was the other man in the shop? - A. Yes.

Q. If you thought them both connected, why did not you take them both into custody? - A. I did, and he was discharged.

Q. You have been unlucky enough, the day after this offence was committed, to say a great number of other umbrellas were stolen from you? - A. Yes.

Q. Had you unfortunately, the next day, an execution in your house? - A. Yes.

Q. Do you know the prisoner's mother? - A. I have seen her.

Q. Upon your oath, did you not ask her to give you a guinea, and if she gave you a guinea, you would not appear before the Magistrate? - A. I will not answer that question.

Court. Q. You are bound to answer that question, did you or not? - A. I did not.

Q. Had you any conversation with her? - A. Yes, a few words.

Q. Upon your oath, did you not tell her, that if she gave you a guinea, you would not appear against him? - A. I did not.

You will swear that? - A.Yes.

Q. Did you not accuse some other person, the next day, of stealing umbrellas? - A. Yes.

Q. How many? - A. A dozen or fourteen; but it was not the next day, it was on Monday night, when the prisoner was committed.

Q. That was the night before the execution? - A. Yes; there was a distress made, and my property was taken away out of the house.

Q. Did you not go out of the way yourself the next day? - A. No.

Q. Did you not represent to the prisoner's mother, that you were in great distress, and if she would give you a guinea, you would make it up? - A. I told the prisoner's mother so the same night that he was committed; a man who was at the Public-office, in Marlborough-street, begged me to go and see him, and I would not; a day or two after, the mother came to me to beg mercy, I told her it was out of my power; what I said, was the consequence of your son's taking my property, it has brought down the devil's luck with it, for I am in trouble, and have lost all my property.

Q. Did you not say, that if she would give you a guinea, you would not appear against him? - A. I did not.

Q. Did not the prisoner say, when you took hold of him at your shop door, I was going to ask the price of it, and was only looking at it? - A. He said nothing, but trembled.

Q. Did he not tell you, he only took it down to look at, to see if it was such an one as he wanted? - A. No.

Q. Was he not going towards your shop door? - A. No, the contrary way.

Q. Was he not searched, and a twenty-shilling note, and several shillings found upon him? - A. Not to my knowledge.

Q. Were you present when the search was made? - A. Yes.

- KELLY sworn. I am a watchman: I was upon duty that night; I heard a noise, and hurried myself to the noise as fast as I could; I got to the door, and got charge of this man; I took him to the watch-house; he was just by the threshold of the door, there was another man in the shop, I did not see any umbrella on the man, I believe they had taken it from him; another man took the other man.

VALENTINE ROMLEY sworn. - I am a watch-house keeper: I searched the prisoner, and the umbrella came into my hands to take care of,(produces it); he had not money about him, to the best of my knowledge; I received the umbrella from the prosecutor himself.

Q. Had the other man any money? - A. I think not, but I cannot be positive.

Cross-examined by Mr. Alley Q.How did you

serch the prisoner? - A. I searched him thoroughly.

Q. Did you search his fob? - A. I do know that I did, I dare say that I did, but I cannot swear it. (The umbrella was deposed to by the prosecutor.)

Prisoner. I leave my defence to my witnesses.

For the Prisoner.

THOMAS TOWNSEND sworn. - I belong to the Tower-Hamlets Militia: the prisoner had enlisted on the Thursday before, and received his bounty-money, which is five pounds; I have known him twelve years, he is a very honest man.

SUSANNAH CRESE sworn. - Examined by Mr. Alley. I am the mother of the prisoner: I went to the prosecutor's house on the Tuesday evening after my son was taken up; he seemed quite severe upon it, and made a great many protestations, that he had been robbed the over-night of eleven umbrellas, and the man he had got, he would make answer for the whole; I begged him to be merciful, he said nobody had been to defend him, if he got a guinea, and was paid for his trouble, he would not appear against him; I said, if that had been all, I would have been glad to have given two, not to have brought him into this trouble.

Q. Upon the solemn oath you have taken, the prosecutor made use of the expressions you have now stated? - A. He did.

Q.(To Donahoo.) You have heard what this woman has sworn, is it true or false? - A. It is quite false.

GUILTY (Aged 26.)

Confined one month in Newgate, and delivered to his officer .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

231.     WILLIAM HITCHIN and ELIZABETH his wife , were indicted for feloniously stealing, on the 6th of February , a gold ring, value 10s. the property of   Anthony-George Eckhardt .

Second Count. For feloniously stealing, on the 8th of February , three muslin cravats, value 3s. a linen shirt, value 3s. three muslin handkerchiefs, value 2s. a yard and a half of silk, value 2s. and a silk net purse, value 6d. the property of the said Anthony; a feather pillow, value 4d. a linen sheet, value 4s. two linen pillow-cases, value 1s. a pair of silk stockings, value 2s. a pair of cotton stockings, value 6d. a Dutch damask table-cloth, value 1s. 6d. a child's pin-afore, value 2d. four Dutch damask napkins, value 4s. and a pocket handerchief, value 4d. the property of   Francis-Frederick Eckhardt .

Third Count. For feloniously stealing, on the 10th of February, a yard of cambric, value 5s. the property of the said   Anthony-George Eckhardt .(The case was opened by Mr. Knapp.)

ANTHONY-GEORGE ECKHARDT sworn. - Examined by Mr. Knapp. Q. In order to save the time and trouble of the Court, be kind enough to confine yourself to the wearing apparel, exclusive of the ring and the piece of cambric? - A. Yes.

Q. In what situation was the man prisoner? - A. He was my valet , to dress my hair, and mind the house; the woman prisoner was there with her husband, to take care of the house, and to wash my linen .

Q.What did you give them? - A Sixteeen shillings to keep the house, and four shillings for dressing my hair, per week; I lost the things stated in the indictment; upon missing them, I went to Bow-street, on Saturday night, the 10th of this month, I obtained a warrant, and saw the things found in my house.

Q. Where do you live? - A. At  Knightsbridge , but I slept at my sister-in-law's, at Brompton.

Court. Q.What are you? - A. In the mechanical line; I am a member of the Royal Society in Holland .

Q. Where were the things found? - A. Two handkerchiefs in the bureau below stairs, belonging to the prisoner, and part up stairs in the prisoner's bed-room.

Court. Q. Did the bureau belong to them both? - A. I believe so, they are married; a pair of silk stockings was found in the bureau below, my sister was present when they were found.

Q.In consequence of that, they were committed for trial? - A. Yes.

Court. Q.Had you missed any other property, since they lived with you, at any time? - A. I have missed several things, but do not know how they went.

Cross-examined by Mr. Knowlys. Q. How long has this woman been entrusted with the care of your linen to wash? - A. It is about a year that they have lived with me in that house.

Q. How often, when you had not a shirt to your own back, has she kindly lent you her husband's? - A. No. she never did lend me a shirt.

Q. That you swear positively? - A. Yes.

Q.Upon your oath, will you swear that you missed these things? - A. Yes.

Q.Mind what you say, did you ever enquire for them? - A. I enquired for the Bank-notes.

Q. Do not talk about notes, I shall show you some of your own notes by-and-by that have not been paid - had you ever enquired for these things? - A.Out of delicacy, for fear they should think that I thought them thieves, I had not enquired for them.

Q. Look at that note, that has not been paid, due at Lockhart's? - A. That is not my note, it is my brother's.

Q.Your brother and you were partners, were not you? - A. Yes, formerly.

Q.Were not you at the time this note is dated? - A. No.

Q. It is dated the 27th of May, 1797? - A. I do not recollect exactly; I had the misfortune to to have my affairs given over to my creditors, and since that, my brother and I have not been partners; I cannot recollect whether it was before or after my misfortune.

Q. You can say, whether it was before or after your bankruptcy? - A. No, I cannot say.

Q. Upon your oath, did not you pay that to the prisoner, in satisfaction of ten pounds due from you to him? - A. Upon my oath, I not only did not give that note, but it is after my misfortune I recollect, and it is my brother's.

Q. Did you pay that to the prisoner? - A. No.

Q. You never borrowed ten pounds of the prisoner? - A. No.

Q. Nor any sum of money? - A. No.

Q. Take care, are you sure of that? - A. I did not.

Q. This happened on the Saturday night that you took these people up, by a warrant? - A. Sunday.

Q. You did not expect to be arrested, on the Monday, for fifty-one pounds? - A.No, not at all; I did not owe it.

Q. You did not expect to be arrested at the suit of the prisoner on the Monday following the Sunday? - A. No, I did not; they could arrest me, but I did not owe them that money.

Q. Upon your oath, had they not threatered you before you took them up by the warrant? - A. They had threatened, but I did not care a fig for it.

Q. For how much? - A. For a false bill of fifty-one pounds.

Q.And so you took them up by a warrant on the Sunday? - A. Not to prevent that, I assure you.

Q. But you did take them up the very day before? - A. Yes.

Q.Then you did not place these things, that were found in their trunk, in the hands of the woman yourself? - A. No, never.

Q. Upon your oath, had she not them to wash for you? - A.Several months before she washed for me; and as I missed my linen, and she happened to he ill, I told her not to wash any more for me, because she was ill; out of courtesy I would not tell her I thought her a thief.

Q. A little before this there was a little dispute about a still, that they were afraid would set the house on fire? - A. Yes.

Q. They told you they would not live in the house for fear of fire, from this private still? - A. I heard that they objected to it, but they did not do so to me.

Q. I believe this house was a good deal furnished with these people's own furniture? - A. The kitchen and the front room, and six chairs besides.

Q. Had not the woman prisoner the entire care of your linen? - A. No, she never had; for I kept it locked up.

Q. I ask you, and I tell you now, there are several people who heard you say so - I am going to ask you, upon your oath, have you never said, that you would not have taken these people up, but they were going to arrest you? - A. I never did; I said, that they had acted so bad, and provoked me so often, that they obliged me to be severe with them.

Q. Have you never said, and I tell you there are people who have heard you - have you never said, that you would not have taken these people up but they threatened to arrest you? - A. No.

Q. You never have said so? - A. No.

Q. Nor any thing like that? - A. I said, if they had not provoked me so long, that I would certainly have let them have gone perfectly content.

Q.Then you never said, that you would not have taken them up if they had not threatened to arrest you? - A. No. I never did.

Q. Did you not tell Rivet, the officer, that you had given these things into the woman's possession? - A. I never did.

Q. Did not he then ask you, if you had ever demanded the property? - A. I do not recollect that he did ask me that question.

Q. It happened only last Sunday se'nnight - did not he ask you, whether you ever asked the woman for the things? - A. I cannot recollect positively.

Q. Upon your oath, did not the officer say, then how could you charge the prisoner with robbing you? - A. I cannot recollect that, positively, upon my oath.

Q. Though it passed only last Sunday se'nnight? - A. I cannot recollect, upon my oath.

Q. He might have said so, and you forgot it? - A. I cannot say.

Q.Now, I ask you - did not the two prisoners at the bar demand of you fifty-one pounds, upon the very Saturday that you went to apply for a warrant? - A. They did not; but when my Solicitor asked them if they had any further demand, when I closed my bill, they said they had a demand of fifty-one pounds; I said it was a false demand, and they had no right to it.

Q. Upon your oath, did you not offer to give a note of hand for thirteen pounds, for money due to him, if he would give you a receipt in full? - A. I shall, upon that, candidly tell you the truth; I saw things going all wrong, and I thought best to get did of them in a quiet way without exposing them too much; I had a law-suit on account of property

lost from where I lived, which amounted to three pounds, or three guineas, and I had a note of my brother's for ten pounds, I thought best to get rid of them, and I said, I will give you that, I have no objection; and as this was my own brother, I would do any thing to serve him; I should be very glad to give them that, and if you like it I will give you a note of hand for thirteen pounds, in order not to expose them to the public, and to do them a favour; but I know very well that I have a right to arrest them, and expose them, which I have done now.

Q. Then you did offer to give him a note, at two months, for thirteen pounds? - A. A month, or two months; during my travels in Scotland, a man took a piece of wood from my premises, and charged the prisoner at the bar with stealing it from him, and the man was obliged to prosecute him to clear himself from having not stole it.

Q. So you offered him your note for thirteen pounds to settle all disputes? - A. Yes; which I did not owe him.

Q. Upon your oath, have you not said, that if it had not been for the kindness of the prisoners in assisting you, you would not have had a bed to lie upon? - A. It is a great lie as can be told.

Q. Do you know that gentleman there, Mr. Jarvis? - A. Yes.

Q. Perhaps he will tell that lie? - A. It is completely false.

Q.Have you not often given them articles of wearing apparel to pledge for you in time of distress? - A. Not often, I suppose, it has been done four or five times.

Q. Will you swear it has not been done forty times; and remember Mr. Shannon is here? - A. I will swear it was not twenty times, nor ten times.

Q. That you swear positively? - A. Yes.

Q. Do you know Mr. Thomas? - A. Yes.

Q. Do you know the prisoner's sister? - A. Yes.

Q.You have applied to borrow money of her, have not you? - A. I never made any proposal to her.

Q.But to him, to borrow of her for you? - A. That, perhaps, has happened.

Q. Upon your oath, do not you know that you made such a request to the prisoner, to borrow money of his sister for you for your sister? - A. I recollect something of it, I cannot say positively.

Q.What sum was it? - A. It might be something of ten pounds.

Q. How long ago is that? - A. Four or five months ago.

Q. Upon your oath, have not you repeatedly borrowed money from the prisoner himself from time to time? - A. Never.

Q. Upon your oath, have you never said you would not have carried on this prosecution unless you had been persuaded to it; and if any harm came from it you would never forgive yourself? - A. No; I only said I would not have been severe upon them, but as they were so provoking, and used me so bad.

Q.So provoking, for what - because they threatened to arrest you? - A.For four weeks they had been provoking.

Q.They had been complaining for four weeks about this private still? - A. It was not a private still.

Q.You never said you would not have arrested them if they had not been so provoking as to threaten to arrest you? - A. No; I said they were so provoking, and even spoke of arresting me, but he had no right, for I did not owe him a halfpenny.

Q.And if they had not been provoking you would not have prosecuted them? - A. No.

Q.You have given them things to pawn for you? - A. Sometimes I have; and I say there is no harm in pawning if you want to make up a bill; I gave these things into their possession to take care of; I dressed myself always at my sister's house, and my linen was there.

Q. And was not your linen washed there? - A. Yes.

Q.Have you not often been indulged, now, with a cravat, or a neckcloth, of her husband's - have you not been often indulged with wearing the prisoner's linen? - A. Only twice; and that only a handkerchief.

Q. They are the same things you have charged these people with stealing? - A. The same sort of things.

Mr. Knapp. Q. How long has the woman prisoner been discontinued from washing for you? - A. I suppose she has not washed for me for five or six months.

Q. The things you have missed has been since the time that she ceased to wash for you? - A. I can only say I missed, from time to time, things without knowing how.

Q. You put on your clothes at your sister's? - A. Commonly; I sometimes put on a shirt, and may leave it at my own house.

Q. Those things that you left there, did you keep always locked up in your own press? - A. Yes; I took particular care of it.

Q. Was there any pretence in the prisoners at the bar for calling upon you for a debt of fifty-one pounds? - A. When I paid the prisoners, I paid them twenty-three pounds.

Q. I ask you, at the time they threatened you with an action for fifty-one pounds, was there any truth in that demand? - A. No truth at all.

Q.How long a time do you suppose you had been missing this property? - A. I perceived that

amongst my handkerchiefs and shirts that I found they diminished, for the course of six or eight months.

Q. How soon did you begin to suspect the prisoners were concerned in the taking of these things? - A. At the time she began to be ill, about six months ago.

Q. Did you wish, or had you any inclination to prosecute, till you could find you had no peace in your house? - A.Certainly.

Q. When was it that they threatened you with this action that you say is false? - A. The Saturday before the Sunday that I took out the warrant.

Q. Was it not from the provocation that they made in the house, that you were induced to prosecute? - A. Yes.

Court. Q. How came you to say they never lent you any money, when you say you had paid them twenty-three pounds? - A. That was the amount of wages and the day-book.

Court. Q. Had any of these articles that you now miss been missing during the last six months? - A. Some of them must have been stolen since that time, because one was a new handkerchief that I bought not long ago.

Q. You paid her for washing your linen independent of what she had as a servant? - A. Yes.

Q. What else has there been missing? - A. The linen of my sister and the linen of my brother.

Q. That passed within the last six months? - A. I cannot say, it was a good while ago.

Q. Is there any other article of your own that you can swear to have missed within these last six months? - A. I cannot say.

Q. Do not you believe that all these articles were stolen before the time that she ceased to wash for you? - A. I cannot speak to any of them with certainty since.

Court. These being all the articles of linen that she had to wash, and being paid separately for that, I cannot say that that is a felony.

Mr. Knapp. There is a yard and a half of silk and a net purse. (Miller, the officer, produces it).

Mr. Knapp. Q. Do you think this looks as if it had ever been washed? - A. No.

Q.(To Eckbart.) Did you ever -

Court. I think as to any property that was taken before the time that she ceased to work for him as a washerwoman, an action of Trover might be brought for not delivering it up, but it cannot be charged as a felony; therefore the case must be now reduced to these articles not delivered to her as a washerwoman.

  JOHN MILLER sworn. - I went with Mr. Eckhardt last Sunday week, to search his house, at Knightsbridge; I searched the lower part, and in bundle which laid upon the table in the parlour, I found, among other things, these two articles.

Cross-examined by Mr. Knowlys. Q. Do you remember any conversation between Mr. Eckhard; and Rivett? - A. I do not.

Q. Is Rivett here? - A. No, he is in the country.

  GEORGE STOVIN sworn. Q. Do you know this piece of silk, and where it was found? - A. Yes; in a private drawer of the woman prisoner's, in her own bed-room; I delivered it to the officer, Miller.

Cross-examined by Mr. Knowlys. Q.When did you find this? - A. On the Saturday morning I went with the officer.

Q. Was that drawer locked or open? - A. Locked.

Q. You know that this woman had the care of the house, and was the housekeeper? - A. I heard so.

Q. Therefore, if such a thing was lying about, was it not proper for her to take care of it? - A. She took it out of her master's custody.

Q. Were you present when these people insisted upon the demand of fifty-one pounds? - A. Yes.

Q. And it was not till after that demand that he went to Bow street? - A. No; but he mentioned these suspicions to me long before.

Q. On the Saturday, I believe, they had agreed to part, had they not? - A. No.

Q. On the Saturday, I believe, there was a settlement of the running account? - A. Yes, a weekly bill.

Q. Upon which, Mr. Eckhardt paid one pound odd? - A. Yes.

Q. Did they not then insist upon his paying them fifty pounds? - A. Yes; and they moreover told him they would not quit his house till it was paid; and they behaved as indecently as I ever saw two people in my life; she struck me several times.

Mr. Knapp. Q.What were those suspicions? - A. That he had missed a number of articles out of his own house and custody.

  EDWARD TREADWAY sworn. - Examined by Mr. Knapp. - I am an officer: I went to search this house at Knighsbridge, on Thursday, the 15th of this month -

Q. After the prisoners were in custody? - A. I never saw the prisoners; I went to Mr. Eckhardt's, into the right hand parlour, the door was locked, I sent for a smith to open it, and in the drawer I found a pair of silk stockings and other things; I afterwards went up stairs, and saw Mr. Eckhardt find this purse, he said, that is my purse.

Q.Where did he take it from? - A. The bedroom, up two pair of stairs front room.

Q. Was it locked? - A. I believe it was not.

Mr. Knapp. (To Eckbardt.) Q. Look at that piece of silk? - A. I have had it three or four years, Lord Lansdowne made me a present of it.

Q. Had that silk ever been washed? - A. Certainly not.

Q. Look at that purse, do you know that? - A.Perfectly.

Q. Has that ever been washed? - A. No.

Q. Were these things ever delivered by you to the prisoner to take care of? - A. Never.

Q.Where was that purse found? - A. In the prisoner's bed-room, in her drawer.

Q. Do you recollect whether that drawer was locked or not? - A. That I am not positive of.

Q. Where was the silk found? - A. In a drawer, I believe.

Mr. Stovin. In a drawer in the bed-room.

Q. That drawer was locked? - A. Yes, and opened by the prisoner herself in the presence of the officer.

Q. Was the man prisoner there at that time? - A. I believe he was; she said she found it somewhere, and took it to take care of, as far as I can recollect.

Mr. Knowlys. Q. You have had that piece of silk four or five years? - A. Yes.

Q. Then you had it before you removed to this house at Brompton? - A. Yes.

Q. Upon your oath, were not the prisoners the persons who assisted to remove your goods from the lodgings of Mr. Jarvis? - A.They assisted.

Q. And will you swear that that silk was not removed from there? - A. I cannot swear that.

Q. Had you a thorough search with the officer? - A. Yes.

Q. Then this purse was not found? - A. No.

Q. Who was lucky enough to pitch upon that first, after they had been in custody five days? - A. It was my sister.

Q. Did you ever ask for that silk, or the purse? - A.No, I did not, I thought it was in my trunks

Mr. Knapp. Q. We have heard that this piece of silk was removed from your former house to your house at Knightsbridge, and that the prisoners assisted in the removal of them? - A. Yes.

Q. In whose custody and possession was that silk placed after you removed - was it in your custody or the prisoners? - A. My property was put in my trunks and my boxes, I did not give it to either of the prisoners to take care of.

Q. After the time that you had brought them to Knightsbridge in your trunks, did you ever deliver that piece of silk so either of the prisoners to take care of for you? - A. I never did.

Q. Did you happen to see the silk after you came to Knightsbridge? - A. No, I did not; I did not ask for it, as I did not know that I had lost it.

  William Hitchin 's defence Ever since Mr. Eckhardt's failure, I have been in the constant habit of keeping his different things from different lodgings, and removing them, which has been for these two years; I was in possession of their property in Ely-place, St. George's-fields, some loose, some packed up, and others put together; I often told Mr. Eckhardt I had several of his things intermixed with mine, and when he wanted to borrow a cravat, my wife would lend him a clean cravat, and he would return and leave his dirty one; and as to the handkerchief and shirt that he speaks of finding in the bureau, they were in a bundle upon the table in the parlour, and when me and my wife were taken into custody, Mr. Miller put these things in the bureau off from the table, or else they were not in the drawers at all.

  Elizabeth Hitchin 's defence. I never wronged him in my life whatever; he has often, when he has washed himself, left his ring, and I have given it him, and he has said, I thank you, I knew it was safe; and his keys I have always taken care of; I have distressed myself, I and my husband, to keep up Mr. Eckhardt's credit; I told him I had a great many other things of his in my care, and I wished to have an inventory of them in case any thing should happen.

For the Prisoners.

  FRANCIS JARVIS sworn. - Examined by Mr. Knowlys. - I live at Charing-cross; Mr. Eckhardt lodged with me; the two prisoners were then in his service; he left my lodgings, to the best of my recollection, about a year and a quarter ago.

Q. During the time he lodged there, and these people lived with him, what character did they bear? - A. He told me they were honest respectable people.

Q. Did you ever hear Mr. Eckhardt acknowledge himself indebted to them? - A. The prisoner used to attend him at his apartments, and the wife used to come for his linen to wash.

Q. How did he say he was indebted to them? - A. At the expiration of three quarters of a year after Mr.   Frederick Eckhardt and the prosecutor lived with me. they became bankrupts, and during the time they were out of the way till the business was settled, the prisoner was in possession of all their property.

Q. Was that by his appointment and by his direction? - A. I should suppose so; the prisoners at the bar were coming backwards and forwards continually, and had possession; as soon as Mr. Eckhardt returned, after the bankruptey, they came to my house again; I went up stairs into the apartments of Mr. Eckhardt, to make a demand of my rent; in the course of conversation, he said, Mr. Jarvis, I shall never be able to repay Mr. Hitchin for his honesty, my family will never be able to repay him, for if it had not been for him, I should not have had a rag to stand up in.

Q. Has he made use of similar expressions to that often? - A. Once or twice.

Cross-examined by Mr. Knapp. Q. How long is this ago? - A. About two years.

Q. Have you been in the habit of seeing the prisoners since that time? - A. Yes.

Q. You, perhaps, take a minute of expressions of that sort? - A. In my mind I do.

Q. Do you remember any thing else that happened about that time? - A. Any particular generous act I should.

Q.You have heard all the questions that were put by my learned friend to Mr. Eckhardt? - A. Yes.

Mr. Knowlys. Q. Did you ever know any thing more remarkable, than a master acknowledging himself under such a debt of gratitude? - A. Never.

MICHAEL SHANNON sworn. - Examined by Mr. Knowlys. I am journeyman to Mr. Eckhardt.

Q. Do you know the prisoners at the bar? - A. I have known them a year and eight months.

Q. Do you know whether Mr. Eckhardt has given them things to pawn for him? - A. Yes.

Q. Often? - A. Yes.

Q.Very often? - A. Yes.

Q.Have you known instances of their advancing Mr. Eckhardt money? - A. I have heard them speak of it, that is all.

Q. Have they not, themselves, paid wages due from Mr. Eckhardt to you, with their money? - A. Yes, they have.

Q. Have you ever heard Mr. Eckhardt acknowledge their kindness to him, and how much he was indebted to them? - A. I cannot say that.

Cross-examined by Mr. Knapp. Q. Where do you live now? - A. In James-street, Manchester-square.

Q.Have you known the prisoners to the present time? - A. I have.

Q.Have you been in habits of intimacy with them? - A. Of working with them.

Q. The prisoners have pawned things for the prosecutor? - A. Yes.

Q. Can you recollect the times? - A. The last time was about Christmas.

Q. Who told you of it? - A. I saw the duplicate, Mrs. Hitchin shewed it me.

Q. Mr. Eckhardt did not shew it you? - A. No, but he has since; the prosecutor told me himself, that he has given them things to pawn.

MARY HOBEY sworn. - I am a green-grocer.

Q. Do you know Mr. Eckhardt, the prosecutor? - A. Yes.

Q. Have you heard him, since the prisoners were committed, say any thing about their being committed? - A. Yes, he was in my house the Tuesday morning after the prisoners were taken up; he came into my house, and I said, I hoped that he would consider these people, that nothing should happen to them, that they should be transported or hanged; he said, he hoped not; in case they should be transported or hanged, he should never be a happy man any more; he said, he should not have done any thing of the kind, had not the prisoners threatened him, on the Saturday evening, to arrest him for 50l. odd, on the Monday following.

Q. Are you sure that he said, he should not have prosecuted them, if they had not threatened to arrest him for 50 odd pounds? - A. Yes.

Q. Was   Hannah Palmer at your house at the time? - A. Yes.

Cross-examined by Mr. Knapp. Q. Where did this conversation take place? - A. At my house; he was going past my door.

Q.And you called him in? - A. No; Mrs. Palmer was in my house, who had property at the prisoner's house; Mr. Eckhart, seeing her in my house, he came in.

Q. How lately before had you seen the prisoners at the bar? - A. The Saturday night before this happened to them.

Q. Had you been desired to see him? - A. No.

Q. You are upon very intimate terms with them? - A. No further than serving them.

Q. So Mr. Eckhardt said, he wished they might not be transported or hanged? - A. Yes, he did; and he said he should never be a happy man again.

Q. Did you know them while they lived with Mr. Eckhardt? - A. No, not till within these six months.

  HANNAH PALMER sworn. - Examined by Mr. Knowly. I am sister to Mrs. Hitchin: I was in Mrs. Hosey's shop when Mr. Eckhardt came in; he said he should not have done it, if Mr. Hitchin had not threatened to take him up for 50l. odd.

Mr. Knapp. Q. You are the sister of Mrs. Hitchin? - A. Yes.

Mr. Knowlys. Q. Has money been borrowed of you for Mr. Eckhardt? - A. Yes; I lent her 10l. in money for Mr. Eckhardt.

  WILLIAM HOSEY sworn. - I am the husband of Mary Hosey: I came in, and heard Mr. Eckhardt talking to my wife and another, I asked him what he meant to do with these poor people, and he said, he should not have done it, if he had not threatened to arrest him on Monday morning for 51l.; and I said, do remember, Sir, what services Hitchin has done for you.

Cross-examined by Mr. Knapp. Q. You began the conversation? - A. Yes.

Q. And then it was that Mr. Eckhardt said what you now state? - A. Yes.

  JOHN THOMAS sworn. - Examined by Mr. Knowlys. I live at Knightsbridge: I know Mr. Eckhardt very well, and I know the prisoners at the bar, they are very honest industrious people: On the Tuesday, or Wednesday, after they were taken up, I was standing at my door, in the morning, he said to me, Mr. Thomas, I suppose that you have heard of what has happened; I said, yes, Sir, I have; but what can it all be about; why, says he, they have put it all wrong in the papers -

Q. It had appeared in the newspapers? - A. Yes, but I have not seen it; says he, about the two 20l. notes; says he, a gentleman brought me a bill of 511. for chairs, and furniture, in Hatton-garden, but I did promise to pay them a note there, belonging to my brother, of 10l. I offered to give them a new note for 13l. at two months, to ged rid of them; I heard him also say, had I not taken this measure he would have arrested me for this false debt on the Monday morning.

Mr. Knapp. (To Eckhardt.) Q. You have heard what Mr. Jarvis stated just now; upon your oath, was what Mr. Jarvis stated, upon his oath, true? - A. I say it is a compleat untruth; I swear to God, that I never have said a single word, or a single letter, that I can say before God, and my conscience; I defy him to say I ever said so; as to these people that come to swear that I said I took them up because they threatened to arrest me, they accosted me to know how this business went on; and I had mentioned to them, that among other things, they had demanded a bill of 51l. and that I had taken them up.

Mr. Knowlys. Q. You know you have answered me

some questions upon this - do you now admit, that their threatening was one of the reasons, mixed with others, that induced you to take them up? - A. To be sure; all the atrocity together.

Q. Then you did say that was one reason, amongst others? - A. Yes; I did when I told it to Mr. Stovin; he said, he would be bail for me immediately if they did arrest me.

Q. Did you then tell these people that their threatening to arrest you for 51l. was one reason amongst others why you took them up? - A. All the atrocity together; they had behaved so bad, and so disrespectful to me, that they had even gone so far as to threaten to arrest me for it.

Q.Then did you or not, say to these people, that their threatening to arrest you for 51l. was one of the reasons that induced you to take them up? - A. It was one of my reasons, of course.

NOT GUILTY .

Tried by the third Middlesex Jury, before Mr. RECORDER.

 

232.   BERNARD HUET was indicted for feloniously forging and counterfeiting, on the 7th of November , a Bank-note for the payment of 30l. with intent to defraud the Governor and Company of the Bank of England .

Second Count. For forging a note in the form of a Bank-note, with the like intention.

Third Count. For forging a promissory-note of like value, with the like intention.

Three other Counts. For similar offences, with intention to defraud   Thomas Shaw .

Three other Counts. For similar offences, with intention to defraud   William Cocksedge , and   Charles Maitland , and

Three other Counts. For uttering and publishing the same, as true, knowing them to be forged.

(The indictment was stated by Mr. Giles, and the case opened by Mr. Fielding).

(The prisoner being a Frenchman an interpreter was sworn).

  THOMAS SHAW sworn. - Examined by Mr. Knowlys.

Q. Do you know the prisoner at the bar? - A. I have seen him often, for a month before this transaction happened.

Q. Did you see him on the 6th of November? - A. I cannot be particular to the 6th or 7th of November; I saw him at No. 3, Leicester-street, Leicester-fields.

Q. Did you on that day receive any Bank-note from the prisoner? - A. A 30l. note.

Q. Is that the note you received from him? -(Showing him a note). - A. Yes.

Q. How do you know that? - A. I wrote my name upon it.

Q. Did you afterwards receive cash from any body for this note? - A. Yes; from a person of the name of King, who keeps the Red-lion in Jermyn-street, the same day.

Cross-examined by Mr. Knapp. Q. You are not certain whether it was the 6th or 7th of November? - A. I cannot say.

Q. You are, perhaps, not certain at all as to the day of the month? - A. I am certain it was either the 6th or 7th of November.

Q. You keep a house which is, we understand, a gaming-house? - A. I do not; I do not say that I have not.

Q. But you did at that time? - A. Yes; but not at the house where the note was taken.

Q. At whose house was that? - A. Cocksedge's.

Q. Were you playing there? - A. No; I attended for Mr. Maitland, who was out of town, to see that every thing was done right.

Q. You took care of the bank, perhaps? - A. Yes.

Q.This was not a Banking house, I believe, but a Rouge at Noir bank? - A. I cannot speak French.

Q. There is a good deal of money played for? - A. Yes.

Q. Did you receive many notes for the bank that day? - A. Not of that description; I received a good many small notes.

Q. Did you keep the account for the gentleman, whom you represented upon this occasion as keeper of the bank? - A. Not of the particular notes.

Q.There is a good deal of hurry attending that sort of business? - A. Very little.

Q. It is all coolly done, is it? - A. Very coolly.

Q. Besides the notes that are paid into the bank, I mean the bank that we are talking of, not the Bank of England, are there not bets take place at the table? - A. None, but what are on the table, that I know of.

Q. I mean the bets between the different individual who are gambling and playing? - A. Not that I know of.

Q. Did you never know, in the course of your knowledge of transfactions of this fort, bets taking place between individuals, beside what is played for at the tables? - A. I do not recollect any such thing.

Q. Will you swear that that has not taken place within your knowledge? - A. I never knew a thing of the kind.

Q. My learned Friend asked you if you knew this note, you answered him, that you put your name upon it? - A. Certainly.

Q. When did you put your name upon it? - A.In half an hour, or an hour; it was never out of my possession from the time of receiving it, till I got change for it.

Q.What did you do with it when you first received it? - A. I laid it on the table under a lead.

Q. Will you swear it was not more than an hour? - A. I cannot take upon myself to swear the exact time, I think it was not.

Q. How many persons were there in the room at play? - A. I cannot say; there might be twenty, or from that to forty.

Q. Will you swear that there were not fifty people there? - A. I will not take upon myself to swear that.

Q. Were all the people that were in the room engaged in playing? - A. I should suppose not; there were frequently several lookers on.

Q. Those that were lookers on were standing round the table, were they not? - A. Generally so.

Q.Were they chiesly French, or were they English? - A. They were both.

Q. Acting as agents for this worthy gentleman, Mr. Maitland; I take it for granted, your attention was

pretty much taken up, in regarding his interest. taking care of the bank; and plundering the people? - A. Certainly.

Q. Were you not the person th whom Mr. King applied, respecting this note, and to know what were the circunstances attending it? - A. Certainly.

Q. You knew, unless you could give an account of the possession of this note, you would be liable to be hanged before your time? - A. Certainly.

Q. Therefore it was a good thing, you know, to slip, your own neck out of the halrer, and charge somebody else? - A. I do not charge anybody but the person I took it from; the prisoner at the bar asked me to give him change for a 5l. note, and he gave me this 3ol. note; I returned it him back, and said, young man, you are mistaken, it is a 30l. note, and he took it back.

Q. What did the prisoner say to that? - A. He said nothing more at that time.

Q. At what other time did he say any thing? - A. In about a quarter of an hour after, or it might be less, he put down the note, and said he wanted five pounds on it.

Q. In what profession of life are you besides being a gambler - what other means of livelihood have you? - A. I am agent to a gentleman in Birmingham, Mr. Betts, in the plared line.

Q. Besides acting in the important character of agent in a gambling-house - did you not at this time keep a gambling-house youself? - A. I did for about a fortnight.

Q. Where was that? - A. No. 34, Jermyn-street.

Q. If it is not impertinent, I will ask you if you have visited any of the jails of this metropolis - have you been in any of them? - A. I have once, I do not deny it.

Q.How often? - A. Never, but once.

Q.What was the charge then against you? - A. As an evidence.

Q. What, you turned stag, you were evidence for the Crown, - in what case? - A. Against a person who had robbed the mail.

Q.What, the Rotherham mail? - A. Yes.

Q.You have never been in any other jail yet? - A. No, nor I trust I never shall be.

Mr. Knowlys. Q. You say you received no other 30l. note than this? - A. No other.

Q. If you had been passing a note that you thought was suspected, would you have put your own name to it? - A. No, I should not.

Q. When the prisoner said he wanted 5l. upon this note, did he agress you in English or French? - A. He asked me to change it in English.

Q. When he proposed his bets, was that done in French or English? - A. In broken English.

  NATHANIEL LOARING sworn. - Examined by Mr. Giles. I am clerk to the Solicitor of the Bank.

Q.Were you present when the prisoner was apprehended? - A. I first saw him at a public-house near Leicester-fields, I think it is called Sydney's-asley, I understood he had been taken about an hour before.

Q.Who were then present? - A.Townsend and Carpmeal, two of the Bow-street officers, together with two men that Mr. Shaw had employed to taken him, who knew his person.

Q.Were any questions asked him by you, or any person present, respecting this note? - A. None.

Q. Did he say where he got it from? - A. He did not, till he got to the Magistrate's; I got a coach, and went with the officer to search his lodgings.

Q. Did you hear him given any account of it at the Magistrate's -

Mr. Gurney. Q. Was not the account that he gave at Bow-street, taken in in writing? - A. I was not.

Q. Are you quite sure of that? - A. Yes.

Q. Did you, at that time, apply your mind to it, so as to be able afterwards to say that it was not? - A. I understood so.

Q. Did you, at that time, observe the fact, with a view to give evidence of it hereafter? - A. I took no particular notice of it, for the purpose of giving evidence, but I did not observe that there was any examination taken in writing.

Q. But whether it was or not, you cannot say? - A. I really believe it was not; when we came before the Magistrate, the note was produced to him, and he was asked how he came in possession of the note; the Magistrate asked him if he knew the note, he replied he did; the Magistrate asked him again the same question, two or three times over, and he said yes, he knew it perfectly well; he said he had found it, together with a 20l. note, one evening, I think, in Leicester-square, folded in a piece of paper; he was asked, what paper, and how was it folded, whether it was in a letter, or how, he took a piece of paper, that was then lying on the table, and folded it up, describing to the Magistrate how the notes were folded; he was asked, whether that was the fact that he had stated, he said it certainly was.

Q. Did he ever say what he had done with them? - A. He said that he had put them in his pocket, that he had never told any person that he had found-the notes.

Q. Did he mention how he had got rid of them? - A. He was asked If he had not produced it at Shaw's gaming-table, and put it off there, and he said, Yes; he was then asked, what he had done with the other 20l. note, he said he had passed it at a gaming-house kept by one Robinson, in Sussolk-street, Charing-cross; he was asked, how he got his livelihood, he said he received a daily allowance from one of the committee appointed by this government for the relief of Emigrant Frenchmen; I do not recollect that any thing else passed at that time.

Q. When did you see him there again? - A. I think it was the 27th of December he was brought up to Bow-street, for further examination.

Mr. Gurney. Q. Was not that second examination taken in wtiting? - A. No; he was then questioned again how he came by that 30l. note, he said he had received it from his brother abroad, in a letter, I think he said from Altona, I am not certain; they were enclosed in a letter, which, he said, was amongst his papers that I took from his lodgings; the Magistrate asked him how he came to give a different account then to that which he gave upon the former examination, and he made no answer.

Mr. Giles. Q. Did you, amongst the papers found in his lodgings, discover any letter? - A. In consequence of his having said that, Mr. Winter directed me to take all his paper to him in Newgate, which I did, and desired him to point out, if he could, whether the letter that he had stated was amongst those papers; he looked them all over, and found the cover of a letter, a half-

sheet of letter-paper, which I now hold in my hand, which he pointed out as enclosing the notes, (produces it); it is in the same state in which I found it. On the day he was brought up for a second examination, I think it was on the 27th of December, I produced to him a letter folded up, and I asked him if he knew the writing of the direction on the back, he said he did; he was asked if it was his brother's writing, he said yes; he opened it, and read a part of it, he looked at the latter part of the letter, and was asked if it was his brother's writing, a second time, and then he said, he did not know whose writing it was, and began to cry; he had read a part of it before that, he had not read the whole.

Q.From whom did you receive that letter? - A. I received it from Mr. Winter open, and when I received it there was a 25l. note in it; I did not show the note to the prisoner, he knew nothing at all about the note.

Cross-examined by Mr. Gurney. Q. You say, when he was taken to the office at Bow-street, he was questioned whether he knew the 30l. note? - A. He was.

Q. At that time, I presume, he was standing at the bar? - A. We were in a private room up stairs, and he was sitting at the same table with the Magistrate, next to the clerk and Mr. Winter.

Q. The note was shewn to him, and he instantly said, yes, he knew it? - A. Yes.

Q. He answered that he knew it, before he had taken it into his own hand to examine? - A. He did.

Q. Of course, he had not at that time examined the number of the note, and all the particulars concerning it? - A. He had not then, but it was put into his hand, and he looked at it, and turned it two or three times over.

Q. Were all these questions asked in English or in French? - A. In English, and he answered in English; he speaks English very well, or else I could not have understood him.

Q. At the time when he was first apprehended, and first examined, I need scarcely ask you, he being a foreigner, whether he was not under a considerable degree of agitation? - A. He certainly was when I first saw him in the public-house, when he was first apprehended, he was certainly agitated, but I did not perceive any agitation at all before the Magistrate.

Mr. Giles. Q. After he had turned it over and over again, did he afterwards give the same account of it? - A. He did.

  JOHN RIVETT sworn. - Examined by Mr. Fielding. I am a Bow-street officer.

Q. Did you apply at any house in Wardour-street, at the lodgings of the prisoner? - A. On the 9th of December, a person who kept the house where the prisoner lodged, sent to the office for an officer, I went in consequence, her name is Vanderhouse.

Q. When you came to the house, what did you find there? - A. She gave me a letter.

Q.Look at that? - A.This is the letter I received from the woman.

Q.When you had received that letter, what did you do with it? - A. I took it to Mr. Winter, who opened it in my presence, it contained a Bank-note of 23l.

Q.Look at that note? - A.This is the note, for I marked it; I left the letter and the note with Mr. Winter; that is all I know of it.

Cross-examined by Mr. Knapp. Q. You did not know the prisoner at the bar before? - A. No.

Q. Nor you did not know that these were his lodgings, but from the information of other people? - A. Certainly not.

Q. And it was not till after the prisoner was in custody that it was found? - A. No.

Q. Therefore it had never reached the prisoner? - A. I cannot say.

Q. How long was that after he was apprehended? - A. It might be five or six weeks.

- WINTER sworn. - Examined by Mr. Fielding. Q. Is that the letter that you received from Rivett. containing the 25l. note? - A. Yes.

Q. And is that the letter that you gave into the hands of your clerk, Mr. Loaring? - A. It is.

Mr. Giles. (To Loaring.) Q. You mentioned that you found some papers, which you afterwards shewed the prisoner, in Newgate? - A. Yes.

Q. Where did you find those papers? - A. At his lodings, No. 10, Wardour-street; I went there, when he was first apprehended, with the officers; he took us into a room, and pointed out what things were his in the room.

Mr. Fielding. (To Rivett.) Q.Was that the house, No. 10, where you went to, and got this letter? - A. Yes, it was.

Mr. Fielding. Now, my Lord, I mean to produce in evidence, this letter -(Here Mr. Knapp contended against the admissibility of the letter, the prisoner having been six weeks in custody before it was found, and there being no admission of the contents of the letter, though there was an admission of the superscription.

Mr. Gurney, (on the same side). My Lord, I remember there were papers offered in evidence in this Court upon the trials of Mr. Hardy, Mr. Tooke, and Mr. Thelwall, for high treason, which appeared to have been found some days subsequent to the apprehension of the prisoners, and though they were able to prove the handwriting of persons connected with the conspiracy charged. and whose hand-writing they had proved in the course of those trials, yet, as they were not discovered till after they were apprehended, those papers were rejected, for this reason, that papers not proved to have existed prior to their apprehension, could not be charged upon them. - To apply that to the present case, I ask how it is possible to say, that a letter that did not arrive till some weeks after the prisoner was apprehended, can affect him? Your Lordship fees this is not seeking to affect the prisoner, by any act of his own, or of any person in connection with him in the conspiracy, but the act of a person residing in a foreign country.

Mr. Justice Ashburst. I look upon it it is not an impossible thing that a letter arriving after a man has been arrested, and in custody, may be good evidence, according to the snape in which it is put; as to what may be the case in the present instance, I know not what the defence of the prisoner is, but this I know, there is a letter comes addressed to him, which by possibility may throw light upon the subject; this letter comes to him by the post, it is shewn to him, and he says he knows the hand-writing; I cannot see why that should not be received.

Mr. Justice Rooke. Supposing a letter sent after the man is in custody, and it is found upon his person, have you a doubt that that letter would not be good evidence; and where is the difference?(The letter and the Bank note produced.)

ELIAS BUZAGLO sworn. - Examined by Mr. Fielding. Q. Look at that paper, is that your translation of the French letter? - A. Yes.

Q. Is it a faithful translation? - A. As far as I am competent; and I have sworn very frequently to my translations before the Lord-Mayor, and other Justices.(It is read).

Addressed Mons. Huet, Wardour-street, No. 10, Oxford-Road, London, dated Altona. 22d Nov. 1797.

"I am sorry for you and for myself that you have met with such bad success in the affair wherewith I charged you; I nevertheless hoped that it would procure me some succour - it is done, it is no more to be relied on. Tell me, then, why they have given 5l. sterling to your friend, having found effects of no value, and in which he had no right, he had nothing to claim; I confess to you that all this appears to me very extraordinary. I have no such goods as you require of me; I have now a pretty considerable quantity left of those, where of you have had samples; I believe that it is actually impossible to dispose of them now, it is only a few of the skilful, who, when they have good merchandize by them, can attempt to make a good stroke; besides, I shall not purchase them, but with money. I am pressed by wants without number, I have extansted all my resources, I am in want of every thing; I hear no news from any person; I know not how to act, or what will become of me. If Mr. Duberdour is in London, you will do well to take out of his hands what I have procured in your name at Brussels. Do you know a Mr. Bray, who is charged with the government of the police of foreigness? This gentleman is from Angolene; he is the son of a baker, he is the brother-in-law of Loton, the attorney; I have frequently seen him at Brussels; if you can see him, and inform yourself of his address; if he is in want of any person, and I can be employed in the Tennis Court, as my countryman, it may be useful to me, perhaps. I am in such misery, that there is nothing that I would not undertake; notwithstanding I am convinced you have not acted sincerely towards me; I still give way to a sentiment, of which I was always the dupe to you. You will find enclosed a bill of 25l. Remember, be very prudent and circumspect in your conduct; do not expose yourself, in making the most of them, whatever be your situation; but do not forget that I am very unhappy, and contrive to send me something. Prove to me that you have a desire to oblige me. I hope that you will not be indisposed at the receipt of my letter, and that you will answer me as speedily as possible."

JAMES PRETTY sworn. - Examined by Mr. Knowlys. Q. You are one of the clerks who sign notes for the Governor and Company of the Bank of England? - A. Yes.

Q. Look at that note, and tell me if that is a note of your signing? - A. It is not.

Q. Do you think it is a forged Bank note? - A. I believe it is.

Q. Is there any other   James Pretty , who is authorized to sign notes for the Governor and company of the Bank of England? - A. No, there is not; I signed no note of that date for that sum.

  GILES COLINS sworn. - Examined by Mr. Giles I am a Cashier of the Bank.

Q. Look at the signature of that note, and say if it is your hand-writing? - A. It is not my hand-writing, neither did I sign any note for that sum of that date; I believe it to be a forgery.

Q. Are you able to state, from inspection, whether it is a forgery or not? - A.Certainly it is. (It is read).

No. 7135. No. 7135.

1796, Bank, 16th Feb. 1796.

I promise to pay to Mr. Newland, or bearer, on demand, the of s.30 London, 16th day of Feb. 1796, for the Governor and Company of the Bank of England. J. Pretty.

£. 30 Entered   S. Fatt.

For the Prisoner.

  JANE GIBSON sworn. - Examined by Mr. Gurney. I live at No. 9, Little Titchfield-street.

Q. Did Mr. Huet, the prisoner, lodge with you? - A. Yes, he did.

Q. TO what time did he lodge with you? - A. He came to lodge with me very soon after he came from Quiberon, I cannot say the time; he lodged with me one week.

Q. Did he lodge with you after that? - A. No.

Q. Were letters ever left for him at your house? - A. Yes; one letter, to the best of my knowledge on the 24th of October last, it came by the General post.

Q. Has that the appearance of being the cover of the letter, which came? - A. Yes, it has.

Q. Did you deliver that letter to Mr. Huet? - A. I did.

Q. Did you ever receive more than one for him? - A. No.

Q. Did you see the letter opened by Mr. Huet? - A. Yes; he opened it in my front parlour; when he opened it, he took out apparuntly to me, two Bank notes, and said, his brother had sent him some relief.

Q. You did not see for what sum these notes were? - A. No.

Q. How long had you known Mr. Huet? - A.Upwards of three years.

Q.During the time you have known him, what has been his character for honesty? - A. He has bad many opportunities, if he had been dishonest, of taking things from me; I always found him every honest.

Q. In what way of life has he been? - A. Teaching people.

Cross-examined by Mr. Fielding. - Q. When was this? - A. On the 24th of October.

Q.Did he tell you where he went to lodge, after he left you? - A. Yes; the first lodging he had, after he left me, was in well-street.

Q.Did you know him, when he lodged in Wardour-street? - A. I did not see him so often after he went to Wardour-street.

PELLET DAYNES (a Foreigner) sworn. - Q. Do you know Mr. Huet? - A. Yes.

Q. Do you remember his calling upon you in October last? - A. In the month of November last, he called upon me, I do not know the day.

Q.Are you sure it was November? - A. I cannot say, It might be December.

Q. Do you remember his shewing you a letter he had received? - A. Yes.

Q. Did he tell you from whom he had received that letter? - A. From his brother at Hamburgh.

Q.Did he tell you any thing of the contents of that letter? - A. He said it contained two notes.

Q.Did you receive from him either of the notes? - A.One.

Q.What value was the note that you received of him? - A. He told me that was a 30l.

Q. For what purpose did he deliver it to you? - A. For fear of losing it.

Cross-examined by Mr. Fielding. Q.Have you got it now? - A. No.

Q.Where do you lodge? - A. In Ediot's-row, St. George's-fields, No. 7.

Q.What is the name of the landlord, who keeps the house? - A. I do not rightly remember it.

Q. Are there any more of your countrymen live there? - A. Two.

Q.Tell me the names of these two? - A. Mons. Dobree, and Mons. Londy.

  GEORGE SKINNER sworn. - Examined by Mr. Knapp. I live at No. 42, Castle-street, Oxford-market; I am a surgeon belonging to the Corporation of London.

Q. Do you know the prisoner at the bar? - A.Perfectly.

Q. How long have you known him? - A.Upwards of three years.

Q.What has been his character for honesty, during that time? - A. I never heard any thing to the contrary of his being a very honest man; he taught the French language.

PETER VINCENT sworn. - I live at No. 6, Tottenham court Road.

Q.What are you? - A. A French clergyman; I have known the prisoner eighteen years, he bears a very good character.

GUILTY Death (Aged 33.)

Of uttering, knowing to the forged.

Tried by the Second Middlesex Jury, before Mr. Justice ASHHURST

 

233.   HENRY (a black man) was indicted for feloniously stealing, on the 22d of January , in the dwelling-house of   Joseph Debruges , a Bank-note, value 5l. the property of the said Joseph.(The prisoner being a Frenchman, a Jury of half foreigners were sworn).

The Prosecutor not being able to identify the note found upon the prisoner, the Jury found a verdict of

NOT GUILTY .

Tried by the above Jury, before Mr. COMMON SERJEANT.

 

234.   JOHN FRANKS was indicted, for that he, on the 6th of February , a piece of false and counterfeit money, to the likeness of a good shilling, as and for a good one, unlawfully and deceitfully did utter to one   William Bartrup , knowing it to be false and counterfeit .

The case was opened by Mr. Cullen.

  WILLIAM BARTRUP sworn. - Examined by Mr. Cullen. I am not perfect that the prisoner is the man, only he had red hair, a red waistcoat.

Q. Do you remember buying any oranges in  Fenchurch-street ? - A. Yes; this day fortnight I was pasing through Fenchurch-street, there were three men with oranges, but I dealt with only two; one of the men (one with the dark hair) asked if I would buy any; I told him, no, I did not want any; they still kept reazing meen in the street; and I asked him, in a joke, what he would have for them all; he said 4s. I told him that was too much, I did not want any; then he asked me if I wanted a dozen.

Q. How many followed you? - A. Two men, they had both baskets; I asked him what he asked for a dozen; he told me one shilling; I said that was too dear; he asked me what I would give for a dozen and I told him sixpence; he said to me, my master, you shall have them.

Q. Look at the prisoner? - A. I looked at him before the Lord-Mayor, and I said then if he was not the man he was very much like him.

Court. We happen to know what you said before the Lord-Mayor, you told a very different story there to what you have told now; take care what you say.

Witness. I pulled out four half crowns three shillings, and a seven shilling piece; I gave the young man with the red hair one shilling,

Q. Look at the prisoner again? - A. It is very much like him; but it is a very dangerous piece of business.

Q.What are you afraid of if you speak the truth? - A. I wish to speak the truth; I gave him one shilling, and he said it was a plain one, he did not like plain ones, and he gave me back one shilling, and I then gave him half-a-crown; he said it was a French one, he returned it to me, and then the oranges were paid for; he saw a seven shilling piece in my hand, he asked me if I would let him have it, and he would give me seven shillings for it; I asked him what made him so desirous of my seven shilling piece, I told him I had plenty of silver, I did not want any more; he still kept wanting my seven shilling piece, he held an argument with me about it, he said he would be obliged to me, for he hoarded them; I then gave him the seven shilling piece, and he gave me seven shillings back; I went on to whitechapel, to Mr. Garth's, a grocer's-shop; I told him I thought I had been desrauded; and he said he could not tell weather they were good ones or bad ones, they were very queer ones; I said, I would go back and see for the man; I went back to Fenchurch-street; I delivered all that money to Mr. Perrin, the constable, he put it up in a piece of paper, and sealed it up.

Q. The shilling, the half-crowns, and the seven shilling piece, was that good money? - A. Yes; I am sure that was all good, I brought it from my own house.

Q.After you had got to whitechapel, how much bad money did you find then? - A. None shillings and a half-crown.

Q. Are you sure you had not any bad money before

you saw these Jews? - A. No; I am sure I had all good money when I came from home, I had no French half-crown.

Q. Had you received any money after you left home before you met with these Jews? - A. No, I had received no silver; I had received a seven shilling piece.

Q. Did you take up one of the Jews when you returned to Fenchurch-street? - A. No.

Q. Did the constable take up one of them? - A. No, they were taken up afterwards.

Q. At the first examination there were two young men examined? - A. Yes.

Q. Was the prisoner at the bar one of those men? - A. The prisoner was one that was examined before the Lord-Mayor the first time of examination.

Q. Be correct, and recollect yourself, there were two examinations on account of this charge against the Jews for having given you bad money? - A. Yes.

Q. At the first examination, was the prisoner at the bar one of the persons charged? - A. Yes.

Q. Who were then examined? - A. A man with black hair and a man with red hair. (The prisoner's hair was red).

Q. Did you swear, upon that examination at the Magistrate's, that the prisoner was the man? - A. I said, to the Lord-Mayor, that if that was not the man, it was a man very much like him.

Q. Are you sure those were the words? - A. Yes.

Q. That you mean to swear now, after the answer you gave to my Lord-Mayor, at the Mansion-house? - A. Yes.

Q. Did you or not, upon that occasion, swear that the prisoner was the man whom you charged with having given you the bad money? - A. Yes, I did.

Q. Was your information taken in writing? - A. Yes.

Q. Did you sign it? - A. Yes, with my cross; the Lord-Mayor's clerk read it over to me before I signed it.

Q. Have you seen either of the other two Jews since that time? - A. No, not to my knowledge.

Q. Has any body been with you since that examination, to talk to you about this charge that you have made? - A. Yes.

Q. Tell my Lord, and the Jury, what passed between you and these persons? -

Mr. Knapp. I object to that question.

Court. You must connect them, certainly.

Cross-examined by Mr. Knapp. Q. I understand that you believe this to be the man, but whether it was or not, you do not mean to swear to him? - A. No other way than I have sworn.

Q. Can you safely swear that the prisoner was the man? - A. It is a heavy thing to swear.

Q. Will you take upon yourself to swear that the prisoner is the man? - A. To the best of my knowledge, I am not acquainted with this business.

Q. Was this dark man taken up before the Lord-Mayor? - A. Yes.

Q. He was discharged? - A. The Lord-Mayor asked me if I knew any thing about him; I said, I did not.

Q. That man was the man that you had all the conversation with in the street? - A. Yes, dealing for oranges.

Q. That must have taken up some time? - A. Yes, I suppose five minutes.

Q. And yet that man you would not swear to? - A. I did not look that man in the face.

Q. The money that you brought from home, when did you receive it? - A. From my wife that morning.

Q. How much silver had you in the house? - A. I do not know.

Q. You never had the ill luck to get a bad shilling into your possession before? - A. Yes, I have.

Q. Where do you live? - A. At Loughton, near Woodford, in Essex.

Q. Do you attend Woodford-market? - A. No.

Q. The money that you received from the man with the red hair, you shewed to the grocer, and he could not tell whether they were good or not? - A. He said they were very queer, they certainly must be bad, but he could not see any brass.

  LUCY CASEY sworn. - Examined by Mr. Cullen. I know the prisoner: This day fortnight I saw him with two men in Fenchurch-street; I saw Bartrup with them, the countryman, and I said to him in a joke, you have been dealing with the Jews; there were the prisoner and two other Jews, I know all of them by sight perfectly well; I saw the countryman come under the gate with one or two of the Jews, I cannot say which, I did not see any thing that passed between them.

Q. Was the prisoner at the bar one of them? - A. Yes, that I am clear of, he was one of the three.

Q. Did you observe the complexion of the other persons? - A. Yes.

Q. Had they black or red hair? - A. One was very black; this man is not so red as they represented to me, before I saw him; I saw the Jews standing together a good while after the countryman was gone, it might be a quarter of an hour; I saw the countryman when he returned.

Cross-examined by Mr. Knapp. - Q. You heard no conversation, and saw nothing particular pass between the countryman and the Jews? - A. No.

Q. They were selling fruit about the streets? - A. Yes.

Q. And you sell fruit about the streets? - A. Yes.

Q. And you sell oranges? - A. Yes.

Mr. Cullen. Q. Do you carry fruit about the streets, or do you stand in one place? - A. I stand in one place.

Court. Q. How far do you stand from this gateway? A. About 20 yards, the gateway is No. 28, and I stand between No. 32 and 33; when the Jews passed me, I told them they had been in a good thing, and one of them pulled out a handful of silver, and a halfpenny amongst it, he asked me for a halfpenny-worth of apples, which I gave him, and he went away.

  THOMAS PERRIN sworn. - I am a constable: On Tuesday the 6th of February, Bartrup and Casey came to my house, and Bartrup told me he had been taken in by some Jews; I desired him to seal the money up; he said he knew the parties; I told him, if he would appoint any day, I would meet him; he sealed the money up, and left it in my possession, I have kept it ever since,(Produces it).

Q. In consequence of Bartrup's application to you, did you apprehend any body? - A. I apprended Paris.

Q. Were you present with Samson when the prisoner was taken? - A. I was.

Cross-examined by Mr. Knapp. Q. The prisoner was the Mansion-House? - A. He was.

Q. Were you present when the prisoner was searched? - A. Yes, he had a sixpence about him, which appeared to be a good one, and I gave it him again.

GEORGE SAMSON sworn. - I am a constable: I apprehended the prisoner at the bar, when Paris was taken to custody, by Paris's information I apprehended the prisoner.

Mr. PARKER sworn. - I am a gun-maker; I am used to the silver business; there are eight counterfeit shillings and an half-crown.

Mr. Knapp addressed the Jury on the Part of the prisoner.

GUILTY (Aged 26.)

Confined six months in Newgate , and find sureties for his good behaviour for six months longer .

Tried by the London Jury, before Mr.   Baron THOMPSON .

 

The SESSIONS being ended, the COURT Proceeded to GIVE JUDGMENT as follows:

Received sentence of Death - 6.

  William Graves ,

  Charles Frewin ,

  George Bowers ,

Hezekiah Swaine,

Thomas Hunter,

Peter Dekclerk.

Transported for fourteen years - 1.

John Archer.

Transported for seven years - 10.

  Thomas Radford ,

  Thomas Williams ,

James Ayres,

  William Sibley ,

  Francis Chevalier ,

  Henry Griffiths ,

  Robert Young ,

  William Watson ,

John Hayward,

Sarah Turner.

Confined twelve months in the House of Correction, and fined 1s. - 2.

  Mary Ironmonger , Daniel Carty.

Confined six months in the House of Correction, and privately whipped - 2.

Ann Fuller,   Catherine Hughes .

Confined twelve months in the House of Correction, privately whipped - 1.

Ann Baylis.

Confined six months in the House of Correction, and publicly whipped. - 1.

  James Fretter .

Confined six months in House of Correction and fined 1s. - 8.

Elizabeth Green,

Francis Fudge,

Thomas-   Brown Thurgood ,

  John Lloyd ,

  William Chantler ,

  John Woodey ,

  William Calling ,

William Ingram.

Publicly whipped, and discharged - 4.

Orlando Callendar,   Philip Bramley ,   Thomas Best , Thomas Whitney.

Privately whipped and discharged - 1. - Charles Collins.

Confined six months in Newgate, and find sureties for six months longer. - 1. - John Franks.

Confined one month in Newgate, and publicly whipped. - 1. - John Higgins.

Confined one week in Newgate. - 1. - Thomas Lee.

Judgment respited. - 3

  James Ritchie ,   John Upton ,   Bernard Huet .