Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 11 May 2021), February 1791 (17910216).

Old Bailey Proceedings, 16th February 1791.

THE TRIALS AT LARGE OF THE CAPITAL and other CONVICTS, ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 16th of FEBRUARY, 1791, and the following Days;

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




Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row.



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

BEFORE the Right Honourable JOHN BOYDELL , LORD MAYOR of the City of London; the Honourable Sir NASH GROSE , one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Richard Cotton

John Batchelor

John Amis *

* Edmund Stapleton served on Saturday in the room of John Amis .

George Miles

Richard Payne

Thomas Nibbs

Benjamin Bottomley

William Bailey

John George Towers

George Thorne

Edmund Nicholson

William Jones

First Middlesex Jury.

James Manley

William Corn

John Dickinson

Benjamin Hickley

John Selwin

William Evans

William Burgess

Thomas Gibbs

Michael Taylor

Joseph Weedon

James Thurley

James Cotton

Second Middlesex Jury.

Alexander Donaldson

Richard Collier

John Goldsmith

William Marshall

Francis Ianson

Christopher Thorne

Jonathan Pratt

William Baker

Thomas Philpot

Edward Harris

William Howard

John Scott

100. JAMES JOHNSON was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Ree , about the hour of seven in the night, on the 9th of January last, and burglariously stealing therein, two men'scloth coats, value 40 s. one pair of velveret breeches, value 18 s. one linen gown, value 7 s. one flannel petticoat, value 12 d. one half-crown, eighteen-pence, one hundred and twenty halfpence, value 5 s. and twelve farthings, value 3 d. his property .

The witnesses examined separate, at the request of the prisoner.


I live at Hoxton, in St. Leonard's, Shoreditch . My house was broke open on the 9th of January, about a quarter after seven in the evening; my wife and me were coming home from chapel on Sunday evening; the chapel is about a furlong from our house; and I saw a light in the bed-chamber, up one pair of stairs; I got in my house as quick as I could; a neighbour followed me; I got in by unlocking the fore door; I went out about a quarter before six in the evening; all the doors and windows were fast; there was an empty house next to mine, which door was open; and the back door was open; when I was going up stairs, I heard the cracking of glass; and I went out at the front door, and cried out thieves! and in about a quarter of an hour after, the prisoner was taken by my landlord, John May ; after the man was taken to the watch-house, I went home and searched my house, and missed the things in the indictment; on the prisoner there was found between three and four shillings in halfpence, and some six-pences, and a half-crown, King William and Queen Mary, which I swear to; the clothes were ready to take away; and the window was broke; the clothes consisted of two cloth coats, a pair of velveret breeches, a gown and petticoat, all packed up in this bag, on a chest under the window where the man got out; the things are mine; their value is, I think, about three pounds; I will swear they are worth that; I let the things remain in the bag, and went to the watch-house again; I saw the prisoner searched, and found the money I mentioned, and a remarkable halfpenny.

Court. What are you? - I keep a small chandler's-shop and small coal-shed, in a small way.

After you found those things in the condition you mentioned, did you look about the house to find which way any body could get in? - Yes; they got in at the empty house, the door of which was unlocked; the back door was unbolted; they got to my house by getting over a low boarded fence between my house and the empty house.

Did you see any marks of any body having got over that fence? - I saw no marks but my back door was broke open.

Had you taken notice whether you left that shut when you went to the chapel? - Yes; it was bolted with one iron bolt, in the inside; and the iron bolt was wrenched open by a large chisel, which was found up stairs by Armstrong; it was no tool of mine; I saw Armstrong take it up by the chest; Mr. Armstrong fitted the chisel to the door; it answered.

(The clothes deposed to).


I am wife of the last witness. About a quarter after six, my husband and me went to chapel, and bolted and locked the door after us; we came home about a quarter after seven, or twenty minutes; and when I came home, I saw a light in the one pair of stairs room; we got a light, and went in; and going up stairs, I heard the window smash all to pieces; the lead light; it did not open; my husband went out; I staid within; I looked about the house, and went up stairs; I found this large bag, with these clothes in this bag: (deposes to the things): I saw them in the chest; it was not locked; I was very much frightened; I had not much power to look about the room; I saw Armstrong find a chisel, and fit it to the back door, which was broke open, and which had been fastened with a large bolt; the door posts were all forced with a chisel all the way down; that door was fast whenwe went out; I think I fastened it; it was dark when we returned.


I live about forty yards from the prosecutor. On the 9th of January, I was alarmed by the cry of stop thief! then I went into my yard; I saw the wooden fence broke down; I went a little farther, and saw the prisoner in the vault; I am sure it was the prisoner; I never saw him before; it was between seven and eight; I asked him how he came there? he said, to ease himself; I then asked him which way, or how he came? pointing towards the prosecutor's house, he told me he came through that house; then the prosecutor knocked at the door; he came in; I told him to secure the prisoner, which he did, and took him to the watch-house.

Prisoner. What reply did I make you when I was in your yard; did not I tell you I could give a very good account how I came there? did I point to the prosecutor's house? - Yes, across the yard where the fence was broke down; a part of the prosecutor's house looks into my yard; the empty house is between my house and the prosecutor's.


I live in Scott-lane, Hoxton. On Sunday evening, the 9th of January, I went to see an acquaintance not far from the prosecutor's, in the same court where he lives; I think they call it Hoxton-square; I went there to buy a candle, and gave the prosecutor half-a-crown to change, and he refused it, and said it was a French one; and I took it out of his hand, and said, if it was, there was a fleur de lis upon it; I looked at it, and said, it is not a French half-crown, for it is a King William and Queen Mary; and he scrupled it then; and I shewed it to his wife; and then he gave me the change; I said then I should know the half-crown among a hundred; to the best of my knowledge, when I took such particular notice, I thought it had a kind of flaw in the silver.

Was it smooth on each side? - Remarkably smooth on the plain side, where the heads were not; my husband gave it to me on the Sunday morning; I did not take any notice of it till Mr. Ree refused it: (looks at it): to the best of my knowledge I think this is the half-crown; it is hard to swear; but I could almost take upon me to swear it.

JOHN MAYS sworn.

About seven o'clock, on the 9th of January, in the evening, I heard an alarm of thieves; I went out of my own house to see what part they came from, having about sixteen tenements belonging to me; I went round and found Ree's house broke open; the thieves had got in by an empty house which I had adjoining to them; I bought a new lock two days before; I am certain it was locked before on the Sunday, and bolted behind; going by on the alarm of thieves, I found the door broke open; and up stairs I had put up two standard lights; and going down I found several tiles broke belonging to the house of Mr. Owen, and that he had escaped over the pales about ten feet high; I went into the next yard, and examined the premises, and found a footstep there, and tiles; I traced the marks of somebody or other going from Mr. Ree's house, over my premises, into another yard; the window looked towards my house, my premises, and my yard; it appeared to me, that was the way that the thieves got away; and on information I went to Mrs. Citizen's door with two knocks; immediately I heard her say, thank God, my husband is come home; she opened the door to me; I rushed into the passage, and seized the prisoner; he is the man; I immediately took him to the watch-house, and he was committed; I searched him, and found some halfpence, about three or four shillings worth, and about four or five sixpences, and half-a-crown of King William and Queen Mary.


I am an officer; I took charge of theprisoner; I did not search him; the prosecutor said he had been robbed of some money; I asked the prisoner whether he had not got half a crown? the prisoner said nothing at all; they desired to search his pockets; but he took out his money himself; Mr. Mays and Mr. Rees said they would search him; he took out some halfpence, and some sixpences, and half a crown; the half crown Mr. Rees said was his, and that he would swear to it; the rest of the money he put into his pocket; this is the half crown; (produced); I have had it ever since.

Mr. Rees. This is my half crown; a King William and Queen Mary; I received it about five o'clock; I know it by the scratch on the head; I never saw it before that evening; I gave change for it; I received it from Martha Maggs ; I put it into the till under the counter, which was below stairs, and was not locked; I missed some halfpence and farthings, which were in the till; I told Mr. Mays of the half crown, and described it as we went to the watch-house: Mr. Harrison took it from the prisoner; (looks at it) I swear this is the same half crown; I could not have sworn to it if I had not taken it so recently.

Prisoner to Harris. Did not you ask me what money I had about me? - Yes; he told me he had got change for half a guinea of a gentlemen; I think he said at the place where he dined; and he said to me, I cannot give you change except you take such a half crown; then, says I, send for that gentleman? says he, I have nobody to send; I told him any of the watchmen should go for him; this was after the half crown was taken from him.

What did Armstrong say to you in the watch-house half an hour or three quarters of an hour after the robbery? - I do not recollect any thing particular that Armstrong said to me about the half crown.

Did not he ask you for this half crown when he came to the watch-house, to give him the half crown to make a mark on it, upon your oath, Sir, if you please? - I can take my oath to the contrary: Mr. May said, make a mark on that half crown? no, says I, as it is taken so shall it remain: Armstrong never mentioned about marking it.

Armstrong said, we shall get the reward, and cast this man to death, so help me God? - I heard him say no such thing.


After the prisoner was in custody on Sunday night, the 9th of January, I went to Hoxton watch-house, between eight and nine; I searched the prisoner; I found six shillings-worth of halfpence, six pennyworth of farthings, and one sixpence in silver: the prosecutor out of them halfpence said there was one he knew; he looked at it in the presence of Harris, and myself, and a watchman, and said, this was the halfpenny; the half crown was before I came; it was only a talk about it: I went to the house by desire of the prosecutor, and I saw this chissel by a box, and a bag, which his wife informed me had some clothes in; then I went in presence of the prosecutor to the back door, and matched this chissel where somebody had tried to wrench the door; then I asked the prosecutor's wife, in presence of her husband and the officer, says I, do you know any thing particular in the halfpence? yes, she said, she knew that there was some copper halfpence, and among them a piece of a halfpenny; I produced all these halfpence, and she picked this halfpenny out at the justice's; I would not permit her husband to speak to her, left he should direct her: I do not remember I shewed the halfpence at the prosecutor's house: these are the farthings I took from the prisoner.

Prisoner. Did not you ask the prosecutor what he had lost? - I asked him this when I came into the watch-house, has the prisoner been searched? he said, he had given up half a crown, or some such thing: I took up all the halfpence into my handkerchief; the prosecutor said, that is my halfpenny I lost; then I took care of the halfpenny.

Court to Mrs. Ree. On this evening youpicked out something of a broken halfpenny? - Yes; Armstrong asked me if there was any thing among the halfpence that I could swear to? I said, there was a piece of a halfpenny in my till that I could swear to; I could not tell exactly how many halfpence or farthings; I took that piece of a halfpenny once or twice of a neighbour, and they brought it back again, and I said, well, it does not signify, I have had this halfpenny once or twice before; there was nothing particular but its being cut, and being a Welch harp; I should know it again; (the halfpence shewn her) this is my halfpenny; I saw it in the course of the week; it is impossible to say what day; I paid it away once, and the person I paid it to brought it back again; I never paid it away a second time; this is mine I swear.

Thomas Ree . By this halfpenny being in the till; I had seen it several times in the till; I might have seen it in that day; I should know it again by being a Welch harp, and a piece cut off; I do not recollect any other particular mark; this is the halfpenny; I will swear to it; I never offered it to any body because it had been refused so often.


The very afternoon of this robbery I was coming from Deptford with a shipmate; we stopped to have something to eat and drink; we paid our reckoning; I wanted change for half a guinea; some people, that were travellers or riders, gave me the change provided I took them halfpence; they gave us a half crown and some halfpence; we came into Bishopsgate-street; my shipmate picked up a young woman; we went and had something to drink in the course of ten minutes, and he went away with the young woman; she said she lived at Hoxton; they stood at the door and talked about ten minutes or a quarter of an hour; says I, if you go up stairs I want to go some where; I said I wanted to ease myself; says the young woman, if you go over some pales I will let you out, and you may come to us again; I went and heard the alarm of stop thieves; I was in the necessary; a woman came and took me; I told her I would give a good account of myself; I followed this good woman into her house, and as soon as I got into her door the man laid hold of me: they did; they took me to the watch-house; they asked me what money I had about me? I said I had change for half a guinea; says they, have you any half crowns? I said, yes; one: a man in the watch-house said, I believe this is my half crown; says I, swear to it if you think proper; I said, I had a small quantity of silver besides; I was locked up in a cage in this watch-house; I was there three quarters of an hour; then this Armstrong came and said, I believe I know you, says he; says I, I am just come from sea; I have not been in London: I took part of my money out of my pocket, and he took part, and the prosecutor was there, and Armstrong said, now tell me what you have lost? says he, to the best of my opinion I think three or four shillings-worth of halfpence; have not you lost nothing else? says Armstrong; yes, says he, half a crown: he went home to see; and Armstrong said, cannot you swear to this piece of a halfpenny? I said, says I, Mr. Armstrong, I took you to be a gentleman; I see plainly now what you are; you belong to the justice; you want to swear my life away: the next morning I was taken before the justice; he asked me what I had to say? I told him that was not a place for justice; says Harper, who was there, you villain, do you know what you are saying? says he, you villain, I will knock you down; says I, it is no service to say any thing at all. I have not a friend in the world; I have not been at home for six years; my chief witness when I got change at this publick house, he was a rider, a traveller; I sent a letter to this place, and they said, it was unknown when he would be at home; I subpoened him. When the man gave me the half crown, he said, this is a very pretty half crown, it will servesome of your girls; they like such half crowns.

GUILTY , Death .

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

101. WILLIAM JENKS was indicted for feloniously stealing, on the 15th of January last, one pair of leather boots, value 10 s. the property of Thomas Pettit , privily in his shop .


I live No. 77, Wardour-street, St. James's . I am a cordwainer . On the 15th of January I lost a pair of boots out of my shop, on the Saturday evening; they were sent back to me about six to have a new strap put on; I put them on my cutting board for that purpose, and went into the yard to wash my hands; my wife called to me that somebody had opened the door, and shut it; I went to see who was there, and found the boots gone from the cutting board, where I had put them not two minutes before; I went out and saw nobody; I came back and gave information at Bow-street; my wife could see in the shop so as to see the door open or shut, though a person might by stooping come in without being seen.


I am one of the conductors of the patrols belonging to Sir Sampson Wright ; and on the 17th I saw the prisoner coming along with something under his coat; I challenged him, and asked him what he had? and he said, a piece of cheese, which he had bought; then I took him to the Brown Bear, in Bow-street; there I searched him; I found a piece of cheese, some buckles, and a bottle of gin, and three small knives; he said, there were four knives; and I took the candle to look for it, and I saw these boots on his legs; I made him take them off; there was the maker's name on them; I went to the prosecutor's, and he said they were his: the prisoner told me his father was coachman to a gentleman, and these boots were not big enough for his young master, and he gave them to him, and he gave them to the prisoner.

(The boots deposed to.)


On Saturday night I was all night, and all day on Sunday, on board ship, at Tower Wharf, and on Monday morning I bought the boots of a Jew, in Rag Fair; I gave him twelve shillings for them; and on Monday night he took me; and I thought he was going to trepan me; I told him the things were for my sister, in the country; I told him I got the boots honestly; the Jew asked me fourteen shillings, and I bid him twelve shillings; I have lived with respectable families; I was ashamed to send for my friends; I am eighteen years of age.

GUILTY, not privately .

Fined 1 s. and imprisoned twelve months .

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

102. JOHN MALCOM was indicted for feloniously stealing, on the 3d day of February , three linen skirts, value 14 s. one pair of cotton breeches, value 6 s. one pair of flannel drawers, value 12 d. four pair of cotton stockings, value 6 s. one pair of worsted stockings, value 12 d. a cotton waistcoat, value 12 d. six cambrick neck-cloths, value 2 s. one muslin handkerchief, value 1 s. a razor, value 2 d. one case, value 2 d. one printed book, value 4 d. the property of James Hood ; two linen shirts, value 10 s. a pair of cotton stockings, value 2 s. three cotton handkerchiefs, value 18 d. two shoe brushes, value 4 d. one blacking ball, value 2 d. one clothes brush, value 6 d. a razor, value 2 d. eighteen plated buttons, value 6 d. one leather bag, value 1 d. the property of George Lowrie , in the dwelling-house of Richard Simpson .


I live in this town.

What part of the town? - I have forgot; I live in a house near the church; I forget the name of the church; I do not know the name of the street; I am come from Scotland; I have been in town two weeks; the man's name is Master Lindsey. I lost the things in the Prince William Henry, a publick house, at Charing cross .

What business are you? - I am no business at all.

No employment? - I am a miner ; I was in the army a little while, not long; there was that man, Malcom, was along with us; I was going to the Invalid Office, to call for a gentleman, this lad and I; I knew him before; and he was going to shew us where it was; Lowrie, the other lad that the things belonged to, was with us.

Where did you meet with the prisoner? - In the street, two days before; I never knew him before; me and Lowrie had come from Woolwich about two days; he spoke to us first on London-bridge; we never took notice of him; he asked the other lad if he was going to Chatham; he was a soldier ; and Lowrie asked Malcom if he was going to Chatham; Lowrie had on a soldier's coat; Malcom said, he was going to get his discharge; he had his regimentals on; I never had any regimentals; and Malcom said, he would get a beating order from his serjeant to us, to go to Scotland, or get us down by sea from the Scotch society; and we went into a publick house; he followed us into the White Hart, on this side of the Thames; I believe it was near London-bridge; he drank with us; we had a pot of beer, and went away together; and we went to one of his comrade's houses, as he told us; we sat there about two hours; he said, he would go and get the beating orders for us; he came back and said, he could not get one; then we all three went to a place where he said the Scotch Society sat; they told us they could do nothing in it; but they directed us to Mr. Frazer, at the Middlesex Hospital; then we went to his quarters and slept all night; we all three went to him the next day; he said, he could do nothing in it; and he gave us a line to go down to one at the Invalid Office; Malcom shewed us the way; his quarters were at the house of Master Williams, the Green Man, at Poplar; we slept there again the second night; we went to the Invalid Office, at nine; the man was not to be there till eleven; that was the day we lost our property; we went to the Prince William Henry 's, to get a pot of beer, till eleven o'clock; it is just below Charing-cross, a piece; we went about eleven to go to the Invalid Office, and left our bundles lying on the table; Lowrie and me went out, and left Malcom there, and three or four people more; we left our bundles on the tap room table; we had them with us every time before; we were gone about a quarter of an hour; when we returned Malcom was not in the room, and the bundles were gone; we looked for him; we staid there some time; then we went to Poplar to see for him; some of the people we left there were there when we came back; he did not come home all night; the next morning we went to his commanding officer; he belonged to the third regiment of guards; and by his directions we went back to Malcom's quarters, at Poplar; but he did not come; I never saw my bundle since; but I found Malcom on the Saturday, the 5th, in the Guard Room; I saw a pair of my stockings on his legs when I went in; I told him the marks of them before he took them off; they were blue cotton, marked in the feet with coarse linen cloth: the book was a Psalm book; I knew it: there was nothing else found upon him: the stockings and Psalm book were in the bundle, on the table; the bundle contained the things in the indictment; (repeating them) the beadle has the things; Malcom said the stockings were his own, and that he gave the bundles to them men: I had not opened the bundle since I came from Woolwich.


On Tuesday me and the last witness met with the prisoner on London-bridge; he came up along side of me, and asked me if I was going to Chatham; he had his regimentals, we had each bundles, he asked me if I was going to Chatham; I said no; he said he was going to get his discharge; I was in the artillery at Woolwich, I said I had mine already, and he told us he was going to get the benefit of his discharge, and saying what a fine thing it would be to him, as he was but young; so he asked us if we were going to Scotland, and I told him we were; he asked what part we were going to, and I told him to Edinburgh; and he asked if we had a beating order, I said no; he said it would be a great advantage to us, as we were going to travel by land, he said he was sure he would get one for us, if we would go with him; I said I was going into a house, as we had had no breakfast; he said he would come soon; I said he might as well take share of a pot of beer; I told him a beating order would not answer, but Hood, my partner, was more inclined to it, so I consented to try; we slept the night before at the White Hart; he took us to an acquaintance's, and ordered us to stay there till he could get a beating-order of the serjeant for us; this was on the Tuesday; he came back in two hours, and said he could not get it, but he would get it by the Scotch Society, and he took us to a house where he said they sat, and got paper, and wrote a line to take to that house; he left us at the door, we all three went up to the door, he came back and said he could do nothing for us, and he recommended us to Mr. Frazer at the Middlesex Hospital; this was what Malcom told us: by this time it was near night, and he proposed taking us to his quarters at Poplar; we staid two nights with him, next day we come up to Mr. Frazer's, about eleven, he was not in, and next day we got a line to the Invalid Office, and slept at his quarters that night; and the next morning we went to the Invalid Office; the gentleman would not be there till eleven, so we proposed going to a publick-house, so we came to the Prince William Henry , we staid there till eleven; then we came out and left our bundles on the table, and the prisoner there; Hood and me went together to the office, we returned in about a quarter of an hour, and the prisoner and the bundles were gone; I had in my bundle two shirts, and the other things in the indictment (repeating them); I had not opened my bundle until I came away from Woolwich, they were tied up in two kerchiefs; I was present when the prisoner was searched, nothing of mine was found upon him; Hood claimed the stockings on his legs, I had my bundle in my custody all the time from Woolwich, I parted from it no where.

- MEEK sworn.

I am an out-pensioner in the thirty-ninth regiment of foot. I was at this publick house, on Thursday, the 3d of February, when Hood, and Lowrie, and the prisoner were there; it might be about ten o'clock, between nine and ten; they were in company together; they stopped some considerable time, and were getting some buttered rolls and purl, and I saw Hood and Lowrie go out, and the prisoner left behind with the box, I heard nothing pass, I saw two bundles laying on the table, tied up in kerchiefs; they were all entire strangers to me, they might sit an hour, or an hour and an half; I saw the bundles laying on the table after the two were gone, and I saw the prisoner take the two bundles almost immediately from off the table, and put them alongside the form, I did not see him go out; when the two men returned they asked for the soldier , and two or three told them they saw him go out with the bundles; I was present on Saturday night when the prisoner was searched at the watch-house; Hood claimed the stockings on the prisoner's legs, and a small psalm-book.


I was at this house when the prisoner andand Lowrie came in; I staid there while they sat together, I saw the lads bring in each a bundle, they were put on the table in the tap-room, the two lads went out and left the prisoner with two bundles by him, and I saw the prisoner take up the two bundles under his arm from a form by the side of the fire, under his arm, and stand by the tap-room door; he went out of the tap-room door, and I saw no more of him; I did not see him move the bundles from the table to the form.

- LOWRIE sworn.

I am an officer; on Saturday, the 5th of February, the two lads came to the watch-house to me, turned of five, I apprehended the prisoner, and brought him to the watch-house, I found him at the Prince William Henry , Hood claimed the stockings as his own, and I found a book in his waistcoat pocket; Hood owned the book directly; there was his name and his wife's name in it.

(The stockings produced and deposed to.)


The stockings I had had eighteen months; the book is their property. Last Wednesday was a week I met them two young men on Tower-hill; I asked Lowrie if he was discharged? he said, no, he was bound for Scotland; I went along Tower-hill and London-bridge, to the White Hart in the Borough; they said they slept there all night, and their bundles were there; we had three pots of beer; I told them I would try to get them a beating order to go down to Scotland; I left them at a house, at an acquaintance's of mine; I went to the clerk of the Orderly Room; he said he could not give one to another regiment; I came back and told them that the Scotch society might assist them; I went with them to Mr. Campbell; I told him they were two distressed men discharged, and did not know how to get to Scotland; he said, he could do nothing; he recommended them to Mr. Frazier; they went to give the letter, and left the bundles in charge with me at the public house; Mr. Frazier gave them an order to go to the Invalid Office; it was so late, they could not go that night; I told them they might lodge with me at twopence apiece; the next day we were to be there by nine o'clock; the two young men took their bundles with them; we came to the Invalid Office; the gentleman was not there till eleven; we had three pots of purl at the Prince Henry's Head; they went out and came in again, and left their bundles in charge of me; they came in a second time, and went out a third time; I went to see what was become of them; I went to the office, and could not find them; and being pretty much in liquor, I went to a public house at Charing-cross, and left the two bundles; and they were taken away; the time they were out, in shifting the bundles from the table to the form, the book fell out; I took it up, and was reading in it, and accidentally put it in my pocket; the stockings I have had eighteen months.

Court to Hood. You are very sure you never left the prisoner in charge of your bundles? - No, Sir, I never did.


I am in the same company; he formerly had a very good character in the regiment; but I cannot say so much of it since about five months ago.


Transported for seven years .

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

103. JAMES CRAWLEY was indicted for feloniously stealing, on the 27th of January last, one yard and three quarters of India muslin, called turban, value 11 s. the property of John Thwaites , privily in his shop .


I am servant to John Thwaites , linen-draper , No. 306, High Holborn . On Thursday, the 27th of January, between six and seven in the evening, the prisoner came into the shop of John Thwaites , and asked to look at some muslin neckcloths about half-a-crown or two shillings; I shewed him one, and asked him twenty-one pence for it; he said it was not worth eighteen-pence; I told him I would shew him one at eighteen-pence; and immediately did; he bid me fourteen, and immediately turned round, and was going out; I did not like his manner of going out; I followed him; and as he stepped on the threshold of the door, I saw a piece of muslin India turban; and this piece of muslin dropped from under his coat; it fell into the shop; he was without the door, on the threshold; I laid hold of him, and I saw another young man take up the muslin; and he gave it to me; immediately after, I brought Crawley into the shop; I have kept it ever since; it never was out of my sight; the value of it is eleven shillings; it is India turban with British work; it cost eleven shillings; the other young man's name is William Brown ; he is not here; Thomas James , and a customer, was also in the shop; they are not here; I saw this piece of muslin before in the course of that day; it was in a wrapper on the counter, in which we put our neckcloths; it was a single one; I did not see the prisoner take it; but I rather suspected him by his manner of going off; I am certain to the muslin, by the mark C. C.


I offered him eighteen-pence, and he would not take less than two and twenty-pence; he bid me to go along for a rascal; and he jumped over the counter; and whether he kicked this muslin off the counter himself, I do not know; I never had it.

Craig. I had no dispute with him before I brought him back; I have not sworn from any motives of resentment; I am sure I saw the muslin drop from the prisoner.

GUILTY, not privily .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

104. ELIZABETH CAVE was indicted for stealing, on the 1st of February , one man's cloth coat, value 7 s. one silk handkerchief, value 18 d. one linen handkerchief, value 6 d. one man's hat, value 4 s. and two shillings in monies , the property of Josiah Wheeler .


I did go out with the prisoner; I was in liquor; I had the articles mentioned in the indictment; I fell asleep; I awoke; I was disturbed by the prisoner putting her hand into my waistcoat pocket; I missed my things; I went to the watchman without a hat and handkerchief; the watchman went with me; I found a coat tied up in a silk handkerchief, and another handkerchief; I gave it to the constable; he has kept it ever since.


I am a constable. This is the property I received from the prosecutor; I found a hat under the stairs in the passage, in the same house where the things were found.

(The things deposed to.)


I am an unfortunate woman. This man met me as I was going home; he gave me these things to take care of.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

105. GEORGE EVANS was indicted for stealing, on the 24th of January last, a pasteboard hat-box, value 2 d. five child's linen shifts, value 10 s. five pair of stockings, value 5 s. a skirt, value 12 d. a pair of stays, value 6 d. three linen handkerchiefs, value 18 d. two night-caps, value 6 d. two pin-cloths, value 6 d. one child's check muslin frock, value 5 s. two cloth ditto, value 6 d. a tippet, value 6 d. and a pair of jean mittens, value 2 d. one straw hat with green silk ribbon, value 4 d. a silk sash, value 2 d. the property of Benjamin Bunn ; a shift, value 6 d. a pair of cotton stockings, value 4 d. a child's green silk sash, value 12 d. a pink silk sash, value 3 d. a pair of leather shoes, value 12 d. a pair of leather gloves, value 2 d. and a box, value 1 d. the property of Bernard Bailey .


I live in Bridgewater-square; I know nothing of the robbery; I have an inventory of the things; I am wife of Bernard Bailey ; I delivered the things to the coachman; I took a coach at the stand of coaches at the New Church in the Strand , to the Hammersmith stage; one of my own children, and two others, were going to Mrs. Heath's boarding-school, at Hammersmith Green; I carried two boxes and a paper parcel; I delivered them to the coachman, and saw them put into the boot; it was seven at night, or a little after; I waited there from half after four, in expectation of the governess meeting me, to take charge of the children; as she did not, I brought the children back; I believe the prisoner put the things in the boot, but I am not certain; the coachman gave them to a man, but I am not certain; I saw the prisoner watering the horses; I gave the coachman the things to put into the boot, and took the children back.


I am the coachman to the Hammersmith stage. I remember this lady coming to me, and waiting for the coach; and she delivered to me one wooden box, and a paper parcel, and one large hat-box; the large hat-box was afterwards missing; I delivered them to the prisoner; he is porter and waterman to our coach; when I delivered the first box, I bid him put it into the boot of the coach; I saw him put it in; the next was a paper parcel; he put that in; then I delivered to him a hat-box, and told him not to leave the coach one minute; he promised me he would not; in two minutes he was missing; by and by he returned and said, six men had knocked him down, and taken away the parcel; I said, it must be him; I saw no men about the coach; he began abusing me, and I had him taken into custody.


I am one of the patrole. I was in the Strand this night, and received information of a robbery by six men, between eight and nine; that the man was watering the horses, and was robbed by six men; then I enquired where the coachman was; they told me he was gone home, and that the man was the prisoner; I enquired his character, and where he lived; I went to his house, in Orange-court, Drury-lane, not a quarter of a mile off; I could go there and back in five minutes; I knocked at the door; the prisoner came out; I asked him if his name was not Evans or Jones? he appeared to be drunk; I said I had a parcel to go into the country, but you are not able to take care of it; he still persisted he was not the man; but I rushed into the back room, on the ground floor, and perceived these things laying on the floor; he shammed drunk, and knocked me down; we got a light, and we secured him; then I searched all parts of the house; and some of the things I found between the bed and the sacking; some in a little bit of an old box, distributed about; he said it was his house; I have all the things here.

(Deposed to.)


Another coach came in on the stand;and he called me to get some water: and Fry was looking into the boot; he said he lost a box; I said I knew nothing of it; being the usual hour to go home, I went up Drury-lane; I saw two men very much in a flurry, one with a bundle under his arm, and some loose things; I went to him, and said, where did you get those things? one of them knocked me down, and I called stop thief! they heaved down the things, and went away; I took them home, intending to come down to the stand to make an enquiry; in a minute these people came down and took me.


Transported for seven years .

Prisoner. Please to let me go for an East India soldier.

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

106. JOHN HARVEY was indicted for stealing, on the 1st of February , one leather boot, value 5 s. the property of James Walker .


I am a shoe-maker in Butcher-row . The 1st of February, a gentleman came from his carriage, and knocked at my door, and informed me that a soldier had taken a boot from my window, and which way he was gone; I went after him; I came up with the prisoner, and asked him for the boot? he said he had not got it; I told him a gentleman had informed me so; he still persisted he had it not; he went farther, and there was another in a smock frock, an accomplice, with him; I said, I will not quit you till I am positive; and he said I must take him before a magistrate; but the people came up, and I insisted upon searching him; upon which he gave me the boot out of his pocket; before the Justice he said, coming through the row, a man with a smock frock came up to him, but first he denied that there was such a man, but that he followed him.

(The boot deposed to.)


Coming down Butcher-row, this young fellow in a smock frock came up towards me; he said, soldier, where are you going? I said, to my quarters; where? says he, says I, at the Bunch of Grapes, just by; he gave me the boot to take to my quarters, and said he would call for it in a quarter of an hour.


Fined 1 s. and imprisoned six months .

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

107. JOSEPH CLIFFORD was indicted for stealing, on the 5th day of February last, two silk handkerchiefs, value 5 s. the property of Susannah Dixon and Catherine Dixon .


I live at No. 23, Redcross-street, Cripplegate ; I keep a haberdasher's shop there; my sister Catherine is partner with me. On the 5th of February, between seven and eight in the evening, a man came into the shop, and took two silk handkerchiefs; there was nobody in the shop; I was in the room adjoining; the handkerchiefs were on a line across the shop-window, close to the door; I immediately ran out, and cried stop thief! and he was pursued and taken; the person is here who took him; I could not see his face; his back was towards me; my sister was with me in the room adjoining; he was brought back in about three minutes after he went out.


I am a leather-cutter and currier; I livein Denmark-court, Golden-lane. I was coming down Redcross-street between seven and eight; I had got past the shop-door of Mrs. Dixon: I heard the people in the shop call out; I turned round, and saw the prisoner run out with something in his hand; I pursued, and called stop thief; he threw down the things, and I picked them up; he was taken immediately by a person who is here.

Prisoner. He never was near me.

Evenden. I delivered the things to the constable.


I am a coachman. I was coming along Redcross-street between seven and eight in the evening; I heard a person cry stop thief! the prisoner was running on the pavement, the same side of the way I was of; I made a catch at him; he shunned me, and ran into the road; I ran after him, and caught him; when I caught him, he begged for mercy, and said it was only a bastard child that they were pursuing him for; I said he must go back with me: Evenden came up in about two minutes; and I took him to the shop.


I am a constable. (Produces the property.)

(Mrs. Dixon deposed to the handkerchiefs.)


I was coming up this street, and I heard the cry of stop thief! and that gentleman kicked my shoe off; I was crossing the way to my mother, who lives in the court opposite.


Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

108. HENRY GREEN was indicted for stealing, on the 10th of February , eight guineas and one half guinea , the monies of Lawrence de Mirbeck .

(An interpreter sworn.)

(The witnesses examined separate.)


I know the prisoner to be the same person who was conducted before the magistrate, because he picked my pocket.

What do you know of your pocket being picked, of your own knowledge? - I went out of my house to see St. James's Park , on Thursday, the 10th of February, about four o'clock, in company with two other persons, one of which was a foreigner; on my entrance, I saw one of his Majesty's carriages; it was said the King was coming; we then proceeded into the Court-yard, where the King's coach was; we were impeded in the passage by a throng of people, who, like our selves, were desirous of seeing the king; as there was a croud, the centinels repelled them; that made me imagine there were thieves present; and I turned on the right hand to advise my brother to take care of thieves; at this instant of time I felt something in my pocket; my eyes saw a hand coming out of my pocket; when I saw it, the hand was still in the pocket, when I seized with my left hand, a right hand in my pocket; I only saw guineas in his hand; the prisoner finding himself seized, wished to escape; I cried out, stop! stop! thief! thief! in the first instance I cried out in French; perceiving my outcry in French did not produce its due effect; I then made use of the English language, and called out pickpocket; my fears, lest he should escape, caused me to seize him by the collar; and my brother came from the spot a few minutes after, and joined me in seizing the prisoner by the collar; and the prisoner threw out of his hand against a wall, money he had in his hand; I endeavoured to come and pick up the money which was thrown beyond the curb; and many others helped me; and a child returned part, and two other persons also; I then searched my pockets to see what was missing: and I observed about ten guineas might be missing; but before the magistrate,I missed eight or nine out of twenty, and some small money.

Mr. Garrow, Prisoner's Counsel. Was it not a very considerable croud? - It might be composed of forty persons.

And the press to see his majesty was almost instantaneous? - Yes.

Was not the person you saw at the magistrate's, an utter stranger to you before you saw him in the Park? - I never saw him before.

This transaction occupied but the very small space of a very few minutes? - It might take up eight or ten minutes.

What was done with the prisoner after you seized him by the collar? - I delivered him into the custody of my brother; and my brother, myself, and Mr. Brookes, conducted him there; I did not lose sight of him.


On Thursday, in the afternoon, I went out in company with the prosecutor and his brother, from the Castle Inn, in Wood-street; it was at four; we went into St. James's Park to see the King; we went into one of the avenues that leads into the middle court; there were a vast many people; and we pressed in amongst them; the prosecutor was a little before me; and just as we got into the middle of the croud, I heard him call out in French that he was robbed; and he called out in English, pick-pocket! upon which I immediately turned round, and saw the prosecutor and his brother collaring the prisoner at the bar; I asked the prosecutor if he was certain it was the prisoner that robbed him? he answered he was very positive he was the man; the prisoner must have heard him; but he spoke in French; upon which I immediately collared the prisoner; I never let him go till I got into Bow-street; and he was committed; I did not observe the prisoner do any thing whilst I was collaring him; I heard money roll on the pavement; I saw none picked up nor delivered to him.

Mr. Garrow. You understand French very well? - Not very well.


I am in the wine and brandy trade, in Bishopsgate-street. I was in the passage leading to the Court-yard, last Thursday evening, near half past four; and just before the Duke of Gloucester came to his carriage, I felt a violent motion in the passage; I thought the motion was a made one, and suspected pick-pockets; and immediately the prosecutor bawled out, and gave me to understand he was robbed; and I collared the prisoner; and then he looked on the ground for some of his property; and the prisoner made a struggle to get away from the brother, and fell against me; and some of the money, gold and silver, fell on my foot; I saw both gold and silver, but could not say the quantity; it appeared to me to fall from the prisoner; but I cannot say positively, for I did not see it fall from his hand; the prisoner was close to me; I stood near to him; he was telling the person who had hold of him, that it was not him; he came right against me; and I imagine it was the shock he received by that fall, threw the money out of his hand.

Was there any person so near as the prisoner? - None; but there was another person that seemed to be interested in the affair, with him; which I suppose by his being so anxious to get up to him; he seemed as if he would rescue him; he pushed with his elbows, and got through a great many people, and got quite up to him.

Mr. Garrow. I take it for granted, upon the outcry, that many persons pressed to see who was the offender? - Many persons could not press.

How big is the passage? - I think I have had the pleasure of seeing you in the Palace-yard.

I fancy you are mistaken; I am more acquainted with the geography of courts of justice, than with palaces. This person did not attempt any thing like a rescue? - No, he did not; the money fell before.


I am an officer belonging to Bow-street. I searched the prisoner; there I found five guineas and a half, and some silver.

Mr. Garrow. You found it in his fob pocket, under his watch.

Prisoner. Did not I mention to you what money I had about me? - I think there was something like that mentioned.

Prisoner. My Lord, I am not well; but I have wrote out my defence, if you will permit me to have it read.

Mr. Garrow. Let me look at it.

(Handed to Mr. Garrow.)


Gentlemen of the jury. The situation I am in, and the troubles of a distressed mind, has rendered me incapable of addressing you in the manner I could wish; but, gentlemen of the jury, you think it a duty incumbent in me to state to you the reason of my being at the place where this unfortunate affair happened. Gentlemen of the jury, on the 10th day of February, at four o'clock in the afternoon, I had a note to go to Brentford, with an order for three hats; I took the note to the White Horse Cellar, in Piccadilly, and gave it to one of the men that drive the Brentford stage, to be taken to Mr. West, hatter, of Brentford; in my return back to my own house I stopped a few minutes to see the Duke of Gloucester get into his carriage: gentlemen of the jury, the prosecutor come down the passage with several people following him, and pushed himself in order among the people, to see who it was that was getting in the carriage. Gentlemen of the jury, I observed a man that I thought was rather too intruding, and pressed much upon the gentlemen, which I took particular notice. The gentleman had not been there above two or three minutes before he cried out, in broken English, my guineas! my guineas! and took hold of me as I stood by him. Gentlemen of the jury, I told him it was not me; but it was that man in the brown coat, and requested that they would lay hold of him; but the gentleman not understanding English, did not know what I said: gentlemen of the jury, I still cried out, lay hold of him, and rushed myself as forward as I could, in order to secure him; when he found that, he dropped the money from his hand, which caused a great consternation amongst the people, for many was down to pick up the money, which gave him an opportunity to make his escape. Gentlemen of the jury, I told him I would give him every satisfaction that he would require. I was asked what money I had in my pockets by the people present; I told them I had five guineas and a half in gold, and a quarter dollar in silver, in my fob pocket, underneath my watch; my watch chain was hanging out at the same time. Gentlemen of the jury, I was taken to Bow-street, and was asked there what money I had about me; I told them the same as I said before, which they found to be right. Gentlemen of the jury, I have a wife much opressed with grief and trouble at this unfortunate affair: I have a son at the age of sixteen, which I have put apprentice to a respectable gentleman in the city of London: it is for their sakes, gentlemen of the jury, that I plead to you for justice. Gentlemen, my circumstances in business has rendered me capable of living happy and comfortable, therefore I could not think of committing an act of this kind, when I was not in distress. Gentlemen of the jury, I am now at the age of forty-seven years, and from my earliest days down to this unhappy time, that my character was never brought into question before; gentlemen of the jury, I have a few friends that will appear to my character; they will tell you that I have transacted business for them with honour, punctuality, and honesty. Gentlemen, before this unfortunate affair happened I was going into business with a gentleman in the country, whose business I have carried on in town for some years.

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

The jury withdrew for some time, and returned with a verdict


Transported for seven years .

Tried by the first Middlesex Jury before Mr. COMMON SERJEANT.

109. JOSEPH FRANCIS was indicted for stealing, on the 2d of February , one mahogany knife-case, value 2 s. the property of Warrender Pringle .


I live at the prosecutor's: I was in a back parlour: there is a glass in the door: I saw the prisoner in the shop: I did not see him come in: ours is an open shop: nobody was with him: I saw him take a new knife-case, and put it under his arm: he took it from a butler's tray that stood on a mahogany table: they were for sale: he walked out of the shop: I followed him: and about five doors from our shop, I called out, stop that boy : he walked away: and I saw him put down the knife-case in the street, on my calling out: I took it up, and returned into the shop: the boy turned down an alley in Berwick-street; and he was brought back to our shop in three minutes: it was not five minutes in the whole: (the knife-case deposed to): the boy denied taking it.

Prisoner. I know nothing about it.

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


To be fined 1 s. and imprisoned six months .

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

110. DAVID MASON was indicted for stealing, on the 13th of January last, one cloth great coat, value 6 s. the property of Daniel Maclearin .

Mrs. MACLEARIN sworn.

My husband is a taylor in Chesterfield-street . I was sitting by the fire with my children (the front door was open) about half past six: I thought I saw something move in the shop: and I saw a coat partly out: I saw no hand: I cried stop thief! and ran to the end of the street: I saw nobody there: on the Saturday following I saw the coat: on the Tuesday following I saw the prisoner in custody of the patrole.


I am a patrole of St. George, Hanover-square. On Thursday night, about a quarter after seven, I saw the prisoner in James-street, Grosvenor-square, with two others: I had seen them twice before that evening: the last time I saw him was about a quarter past seven in the evening: I followed the prisoner before he could offer it for sale: it was at a house suspected to receive stolen goods: I asked him how he came by this coat? he said he bought it of a young man: I laid hold of him: the other man ran away.

(The coat deposed to.)


I had a shovel mending in St. James's-street. My mother said to me, go and see if your shovel is done: at the end of St. James's-street, I saw two young men with this coat; and they asked me if I wanted to buy a coat? I told them yes: that my mother had been speaking to me, if I saw a tidy coat, she would buy it for me; they asked me six shillings: I told them to come with me to my mother: I took the coat under my arm, and went to see whether my shovel was done: they went along with me, and stood at the door: I went in to know if my shovel was done, and thepatrole followed me in: he asked what I had? I told him a coat; and as soon as those men saw I was taken hold of, they ran away, and they took me into custody.


Transported for seven years .

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

111. JOSEPH REES and THOMAS GOODMAN were indicted for stealing, on the 30th of January last, one hundred and twenty pounds weight of lead, value 18 s. belonging to the Right Honourable Nathaniel Lord Harrowby , affixed to his dwelling house .


I am a carpenter. I examined part of Lord Harrowby's house, in Park-street, Grosvenor-square ; the servant in care of the house, came to me on Monday, the 31st of January; and I went there about four in the afternoon; and from a flat over the kitchen, there was some lead missing; a considerable quantity; it was cut into narrow pieces, and tore off the ends of the sheets; the lead was produced to me by Shallard, which I fitted the next day; there is an arched passage from the house to the kitchen; and it was the lead upon the kitchen; part of five sheets were gone.


I am one of the patroles belonging to Sir Sampson Wright . On Monday, the 31st of January, between seven and eight in the evening, I was on duty in Hyde Park; I saw three men pass at a distance towards Grosvenor-gate, a very small distance from Lord Harrowby's; the hindmost man appeared to have something on his head; I immediately went after them, and stopped the last man, which is Rees, and sent Cridland, the other patrole, to go after the other two; the man I stopped, had his coat buttoned, and a smock frock over it; he had this lead under his coat: Brothick, another of the patrole, was with me, and took this piece which was on his head; Cridland brought back the other two men, and I secured all three; the third man was discharged, no lead being found on him; I went with Mr. Banner the plumber, the day after, to Lord Harrowby's; and we fitted the lead together with Mr. Serjeant; we found it exact; it was not half a quarter of what was wanted; I found a knife on Goodman.


I am another of the patrole: I was with Shallard the 31st of January, in Hyde Park; I saw three men going by; and Shallard cried out to me, Joe, Joe, stop these two men, they have something about them; Shallard had stopped the last man, which is Rees; I ran after Goodman; and just as I came up to him, I perceived him throw something down; I went after him, and laid hold of him; there was another man close behind me, belonging to the patrole, James Anderson ; I gave him to him, and went after the other; I stopped the other, and brought him back to Mr. Shallard; then I went to the spot where I saw Goodman throw something down; and I found these two pieces of lead about three or four yards from the place where I stopped Goodman; I took the lead to a public house in Bow-street, and delivered it to Shallard.

Shallard. That was a part of the lead I tried at Lord Harrowby's house.


I am another patrole. I was on duty this night in Hyde Park; I saw three persons go past us; I went up to the last with Mr. Shallard; I put my hand to his head, and took this piece of lead from his head; that was from Rees; I carried the piece of lead to Bow-street; and it was delivered to Mr. Shallard.

Shallard. That was other part of the lead.

- BANNER sworn.

I am a plumber. On the 1st of February, I was seat for to replace some lead that had been stolen from the flat in Lord Harrowby's kitchen; I found five sheets had been cut, part of which was taken away; and I understood some lead was at Bow-street; and I ordered that the lead on the flat might not be removed till I had been in Bow-street; I went there, and was shewn some lead; and Mr. Shallard and me took the lead; in a coach to Lord Harrowby's, and opened it on the flat in four separate pieces, which matched; three of them to the lead that was cut, and one of them to the knot in the board, by a mark of turpentine; as the lead lay there, matched to the others with a knife, I cut off these two pieces with a knife which was found in Goodman's pocket, the shape and strength of which was very convenient for the purpose; I have not the least doubt but that lead was cut from this flat: I suppose, at least, twelve hundred pounds weight was taken away; this is a gross hundred and eighteen pounds, which is one hundred and thirty pounds weight; there is an open railing into the park, through which the lead might be handed.


I had been at Kensington with a letter; I was coming back; and close by Lord Bathurst's house, I saw these three pieces of lead lay; one was tied up in a handkerchief; I picked that up, and opened the handkerchief, and saw it was lead; and I took the other piece and put under my arm, to find the owner; and just by the bason in Hyde Park, Goodman passed me, and bid me good night; and another young man passed me afterwards, and bid me good night; in two hundred yards I saw Sir Sampson's officers stand by the bason; and that gentleman, Shallard, immediately asked me what I had there? I said it was lead; he asked me who the other two men were? I told him I did not know; I told him there was another piece behind; and I asked him to go the bason again, on the night this was missing; I was about thirty yards off.


I was coming from Knightsbridge, and they took me into custody, and immediately asked me if I knew the other two men? I said no.

Mr. Shallard. They were all three walking one after another; I cannot say whether they were in company; they were not above two yards asunder.


Transported for seven years .

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

( John Belville put to the bar.)

Mr. Recorder. Can you speak English, as to be perfectly satisfied with what they may swear against you? - No.

Do you wish for an interpreter? - Yes.

Do you wish for an interpreter to interpret into French or German?

Mr. Fielding. Do you desire to have an interpreter? - If you please.

Are you not master enough of the English language, to understand what is sworn against you? - No, not many words.

112. JOHN BELVILLE was indicted for stealing, on the 25th of January last, in the parish of St. George's, Hanover-square, two silver candlestick nossels, value 10 s. a silver snuffer-stand, value 2 l. 12 s. a pair of silver snuffers, value 15 s. the property of our Lord the King , in his dwelling house .

(The interpreter sworn.)

(The case opened by Mr. Fielding.)

May it please your Lordship. Gentlemen of the Jury, you have collected bythis time, from the indictment which has been stated, that the charge against the prisoner is that of stealing silver plate from one of the royal palaces at one of the Queen's houses. Miss Burney, a lady who has the honour of attending her Majesty, has apartments at the Queen's house: the prisoner had been formerly in her service; he knew the apartments and the property, and how to gain access; but I believe, at the time when the present felony was committed, he was not in her service; the felony was certainly committed on the 25th of January last. Gentlemen, some time in February following, a Mr. Heather, to whom the public have been in very many instances extremely indebted, as a pawnbroker, was applied to by the prisoner, who pulled from his pocket several pieces of silver; Mr. Heather immediately suspected him; he searched him; and in his pocket he found other pieces; he gave immediate notice to Sir Sampson Wright ; the man was apprehended; he had not undergone an examination long, before he was sent to a neighbouring house; and a person of the name of Macmanus happened to be there; the man, alarmed at his situation, asked him what would become of him? Macmanus said it was impossible for him to say; probably he might be hanged; but told him the best thing he could do, was to tell all he knew; in consequence of that he then made the discovery, which I humbly conceive would have been better for him to have made to day; that he was walking in St. James's Park; he saw this property; he was in extreme distress, and was tempted to go into those apartments to take this property; I shall therefore call to you the maid of Miss Burney, who discovered the nossels of the candlesticks being taken away; the consequence of the discovery made to Mr. Macmanus; he likewise told him the place where he resided; he immediately went to his apartments; and there some other property was found, bearing the royal arms of England. You, gentlemen, will hear the evidence, and then there can be no doubt in your minds of his guilt.


I live servant with Miss Burney; she attends the person of the Queen, and has apartments in Buckingham-house , in a passage below the Queen's dressing-room. I knew the prisoner when he was a livery servant to Miss Burney, four years ago next May; there are porters at the door; on the 24th of January last, I snuffed the candles out, and left two candlesticks on the table; one I left burning in a bason, and one the servant took down stairs; so that there were three candlesticks left on the table in the room, and a pair of silver snuffers, and a silver snuffer-stand; I am not certain whether I shut the outer door of the sitting room, that goes into the passage; and I slept in the bed-chamber with Miss Burney.


I am servant to Miss Burney. On the morning of the 25th of January, when I went into her apartment at half after seven, I found two nossels taken out of two of the candlesticks, and the snuffers and stand gone.


I am a pawnbroker, in Long Acre. On Friday, the 4th of February, I received a hand-bill from Sir Sampson Wright 's office, desiring me to be very particular if any of the property of the royal family should be offered to be pledged; on that Friday, about twenty minutes after, about twelve o'clock, I was called into the shop by my servant, and saw the prisoner, who had been offering this plate to sell to my servant; I asked him how he came by this three pieces which were brought to me by my servant? and he said he had had them seven years; I seized him by the collar, and charged him with robbing Buckingham-house; he said he had had the silver seven years by him; I searched him, and found this piece on him, in his right hand waistcoat pocket: I sent for a constable, and he was taken to Sir Sampson Wright 's.


I am an officer of Sir Sampson Wright's.

I searched the prisoner; and in his left-hand waistcoat pocket, I found these three pieces; I said nothing to him; he had no examination before he went to the Brown Bear.


I know the prisoner; I saw him at the office; I heard him tell Sir Sampson that he found those first pieces of silver, rolled up in a paper, in Tavistock-street; Sir Sampson asked him several questions, and desired me to go oyer with him into the back parlour at the Brown Bear; and I talked to him a great while; and he still continued in the story that he told Sir Sampson; then I said I must go to St. James's; and he said, whatever gaol I go to, you will come and see me; I shall want to speak to you; then he desired me to put out the keeper of Bridewell's servant, who was in the room, which I did, and he went out; then he told me it was the Queen's plate; that is, the pieces that he before said he he had found; he asked me, what do you think they will do to me? I said, why what is found upon you will very likely cast you for death; and denying the rest will do you no good; it will only make you more roguish; then I told him to say no more; and Sir Sampson sent for him, and asked what he had to say? and he turned round to me, and said I was to speak to Sir Sampson; and up in a garret, No. 27, Denmark-street, in a room of Mrs. Coltaines's, who used to wash for him; I found her lodging there; I went up stairs, to the top of the stairs; and I found a trunk there which I took to Bow-street; and the prisoner gave me the key; the prisoner had before that told me he had a trunk in that room, in the garret; I recollect now, Morant gave him the key, and he gave it to me.

Morant. I took his keys from him, amongst which was this key.

Macmanus. I found these in the trunk.

(One silver nossel, a pair of silver snuffers, and stand, produced.)

Mrs. Goter. I believe these are things I left in the room.

- WILLIAMS sworn.

I belong to the silver scullery; I deliver out the plate to the several apartments. Miss Burney had a long while in her care, four candlesticks, a pair of snuffers and stand; these are the same I delivered to her: (looks at the three pieces of plate which Mr. Heather shewed him, and the little piece that Mr. Heather found in his pocket): that has no mark; but the royal arms are on the other; and the royal arms are also on one of the pieces taken by Morant; there are part of the arms on the nossel; they are the property of his Majesty.

Court to Mr. Heather. Have you weighed the silver? - Yes.

What is the value of it? - It is worth four pounds two shillings, at five shillings per ounce.


As I had pleaded what I have done to Sir Sampson, when I delivered myself over to Sir Sampson and to Mr. Macmanus, I hoped he would have begged the favour of the Jury, if I was to have been tried, to have mercy on me, a poor unfortunate foreigner! necessity has drove me to it; when I went out in the morning, I had not a farthing in money; I had not a thought to go there; but this lady has been the cause of my coming down so low in this country: I came home with a gentleman, a Captain Brown; I lived with him six years; I was persuaded to go into Miss Burney's service; when I came there, I was quite innocent in a case like that; I was not there a fortnight, before I found some enemy against me; I was not there above three months; it brought an illness upon me which put me quite in confusion; I have wrote several letters to Miss Burney, that if she will say as she should say, that I am not quite right in my head at times, from illness and distress; but all I beg now, is for God's sake, if the Jury will beso kind to shew mercy to me, a poor unfortunate creature! and I promise to go as soon as I can get a little money among my countrymen here; I wish to go home to my native country, and never to return to England any more; I could have brought several respectable gentlemen in the city, who know me, to my character, but I had not money to send for them.

Court to Macmanus. Did you go to the trunk the same day, where he told you it was? - Immediately.

Was it in the office that the prisoner gave you the key? - Yes.

GUILTY, 39 s.

To be transported to the eastern coast of New South Wales, for seven years . (Aged 38.)

Tried by the second Middlesex Jury before Mr. RECORDER.

113. PETER DAVIS was indicted for stealing, on the 9th of February , two cotton gown, value 10 s. one cotton skirt of a gown, value 5 s. the property of Jane Payne .


I live in Wood-street ; I sell old clothes . On Wednesday morning between eight and nine, the 9th of February, I went out for a roll; the goods hung in the window; when I came back, the prisoner at the bar was the outside of the parlour door, with the things in his lap; I asked him what he wanted? and he answered, she, she; and he had the gown in his hand, and a painter's brush; I laid hold of the gown, and called assistance, and no one came; at first he opened the door; I called out, and Brookes came in and took him.

Mr. Garrow, Prisoner's Counsel. What part of the house do you live in? - In the lower part of the house; the door is always shut.

- BROOKES sworn.

I am a stonemason; I was going home about eight o'clock: I heard Mrs. Payne cry out murder and thieves; I saw the prisoner come out of the house; and I took him, and gave him to the constable.

(The things produced and deposed to by prosecutrix.)

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


Whipped .

Tried by the London Jury before Mr. COMMON SERJEANT.

114. ANN BROWN, alias M'PHERSON , was indicted for stealing, on the 10th of February , three muslin shawls, value 10 s. the goods of William Purton and Charles Cooper , privately in their shop .


I am shopman to Mess. Purton and Cooper, linen-draper s, in Fleet-street, No. 47 . On the 10th of February, about eleven, the prisoner came into the shop, and desired to look at some shawls; I stood a little distance from her; the porter reached them out; I came up just as he had reached them out; she asked the price of three or four different patterns of shawls; she asked me to cut her half a one; I told her we never did cut any; she then asked for a quarter of a yard of brown Holland, that lay on the other side of the shop; I turned round to come to the other counter, to shew her the brown Holland; as I turned round, she was crossing; about the middle of the shop I perceived something dropping from under her cloak; I could not tell what it was; I suspected she had stolen some shawls; I desired another person to shew her the brown Holland; and I went and examined the shawls I had shewn her; I missed some;I cannot say how many; I told Mr. Cooper I suspected her; she had bought a quarter of a yard of brown Holland, and was going out; I laid hold of her by the arm, and desired her to walk with me into the other shop; I told her she had got some shawls; and upon taking her cloak aside, there were three shawls; I gave them to Mr. Cooper, and he gave them to the constable.

Where was the porter? - He might be standing behind a minute or so; but I think if he had been behind when she crossed the shop, he would have seen her take them.

It is probable he might? - Yes, certainly he might.

(The shawls produced and deposed to.)

What is the value of them? - They cost near thirty shillings.

Mr. Knapp, Prisoner's Counsel. Do you know how many pieces of shawls there were? - No.

Prisoner. I leave it to my counsel.


I live in Great New-street, Fetter-lane. I have known the prisoner six years; she is a sober honest girl.


I live in Brewer-street, Golden-square. I have known the prisoner from a child; she bears a very good character.


I live in King-street, Covent-garden. I have known her seven years; she bears a good character.

Mr. GRANT sworn.

I have known her seven years; she bears a very good character.


I have known her seven years, a very honest industrious girl.

Mrs. PAYNE sworn.

I have known her near six years; I would have trusted her with untold gold.

The prisoner called three other witnesses who likewise gave her a very good character.

GUILTY, not privately.

Recommended by the Jury .

Privately whipt , and imprisoned one month .

Tried by the London Jury before Mr. COMMON SERJEANT.

115. JOHN DENNY and JOHN WILSON were indicted for stealing, on the 13th day of January , one cambrick handkerchief, value 10 d. the property of John Daniel .


I live in Bridge-street, Black-friars. On the 13th of January last, I was walking from Cheapside, into Bridge-street, in company with a gentleman; we heard a scuffle behind us, which was occasioned by Gobytus, the next witness, having taken the two prisoners into custody; we stopped to enquire the reason; and a person handed my handkerchief to me who was passing by.

Who has the handkerchief? - Gobytus, the witness; I did not see the prisoners take it.

Did you look to see if you missed your handkerchief? - Yes, I did, and it was gone; I know the handkerchief; there is a mark on it, J. D.


I am a constable; I had been to Bridewell; and I was coming along Cheapside; I saw the prisoners following a gentleman; and I had a suspicion they were going to pick his pocket; I crossed the way and kept opposite to them; I saw them attack a gentleman's pocket at the end of Friday-street; he went down Friday-street; they went on; and I followed them; and in St. Paul's-church-yard , I saw Mr. Daniel and a gentleman arm in arm; I saw Wilson lift the flap of the gentleman's pocket up thatwas with Mr. Daniel; the gentleman crossed the way at the top of Ludgate-hill; they followed them very closely; and then Wilson lifted up the other pocket flap of the gentleman's; and he had nothing there; then he felt at Mr. Daniel's inside pocket; and then he felt Mr. Daniel's pocket again; and I saw him take out a handkerchief, and give it to Denny; I immediately ran across, and laid hold of them; then I saw Denny throw the handkerchief down; I desired a gentleman to take up the handkerchief, and give it to Mr. Daniel; I told Mr. Daniel, and he was much surprised that he had lost his handkerchief; Mr. Daniel looked at it, and there was his mark on it; I searched them, and found a silk handkerchief on Denny; I then took them to Wood-street Compter.

(The handkerchief produced and deposed to.)


I was going along Ludgate-hill, and that gentleman took me: I was going to see a ship mate: I was not within three or four yards of the other prisoner.


I never touched the handkerchief.


Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

116. THOMAS PATTON was indicted for stealing, on the 4th of February , a woollen jacket, value 7 s. the property of William Freer .


I am a salesman . I lost a woollen jacket on the 4th of this month; it was pinned up to the door along with other clothes: I did not see the prisoner take it; I was behind the counter; and I saw the clothes move; I came out, and the jacket was gone; and I seized the prisoner by the collar, and he had the jacket in his hand: I sent for a constable and delivered the jacket to him: there was my mark on it E. Z. he said somebody gave it him.


I am a constable. (Produces the jacket.)

Prosecutor. Here is my mark on it.


I was coming past this gentleman's house, and the jacket was lying, and he came out and took me.


Whipped .

Tried by the London Jury before Mr. RECORDER.

117. EDWARD WHITAKER , JOSEPH AUDREY , and SARAH WALKER were indicted for stealing, on the 14th day of February last, eleven silk and cotton handkerchiefs, the property of William South , privately in his shop .


I keep a haberdasher's shop , in Silver-street, Wood-street . The prisoners stole some handkerchiefs out of my shop: I was not at home.


I am sister to the prosecutor. I heard a kind of rustling in the shop; I looked up and missed the handkerchiefs; I said, the handkerchiefs are gone: they were hanging on a wire near the shop door: there were forty-two of them: I did not see them go: I called a lady from above stairs and my brother; and she was taken the next day; I saw her at Guildhall: it was about half after seven as near as I can justly say: it was last Monday evening.


I was up stairs; I came down on the call immediately: I spoke to the woman atthe bar, and she appeared very much frightened. I know nothing further than what this lady has said. She bid us good night.


I am a patrol belonging to St. Sepulchre's within. I was going my rounds in Long-lane, between two and three, and I and my partner went in there, and we saw Whitaker and Audrey in the publick-house; the Half Moon; the name is Meredith: I took particular notice of their swearing and blasting, and of those handkerchiefs, which were about Whitaker's neck, that they were not trimmed; and I took them for thieves: I searched Whitaker, and took these two handkerchiefs on him, but nothing else: Whitaker said, he bought the handkerchiefs in Golden-lane, and gave eighteen-pence a piece for them; the other prisoner said, he gave three shillings for his; Audrey open and voluntarily said, Whitaker took them out of a shop in Silver-street, while he was standing by; I told him, if he would make his story good before the Alderman, he might shew him some mercy; but he said nothing before the Alderman: I saw him sign the confession himself, and I saw the magistrate sign it; and Sir James Sanderson said he would contrive to be on the bench if he could: after we took the prisoners to the Compter I knocked up the young woman in Silver-street, and informed her. There was no promise or threat in the world.

(The examination read, omitting the name of the woman.)

"London. The voluntary confession

"and examination of Edward Whitaker ,

"taken before me, as follows: he says,

"that on Monday evening last, the 14th

"of this instant February, he went into

"the shop of Mr. William South , of Silver-street,

"and took therefrom a parcel

"of silk and cotton handkerchiefs, of

"which he believes this produced before

"me to be a part. Subscribed with the

"letter E.


I am a constable. When they brought up the prisoners I examined them; and Whitaker said, he gave three shillings for the two; Audrey said, he gave three shillings for his one; afterwards he said, they were taken in Silver-street: I believe the patrols made him promises: when he came into the watch-house again, he said he waited against the post, by the Bird Cage, the corner of Silver-street; and after that he said there was a woman with them; then he said, some of them were sold in Rotten-row: we found the handkerchiefs at the daughters of Mrs. Rogers; she delivered them up without any search at all; these are them; here are eight all in one piece.


I am another patrol. (Deposed to the same effect.) I took this handkerchief off of Audrey's neck; he said, they stole them from a shop in Silver-street, by Wood-street: Audrey said there was sixteen of them stole, and I heard Whitaker say so.

(The handkerchiefs produced.)


Whitaker and the woman prisoner came and asked me to buy some handkerchiefs; I said no, but looked at one: they said, I should not have one without I bought the whole: I gave ten shillings for the eight handkerchiefs; I laid the money on the counter; but which of them took it I know not: I went to my daughters with intent to make them a present of them; then Roberts and Willey, the officers, came to me for the handkerchiefs, and I went back to my daughter, and gave the officers the handkerchiefs: I keep an old iron shop: my husband is a carpenter. There are eight handkerchiefs in one piece, and three single ones.

(The handkerchiefs deposed to by prosecutrix.)

There is some marks of paint by which I know them by, which they got from thewire they hung upon; I know them to be the same.


The officers of the night took me up, and they made me drunk, by giving me so much liquor.


The woman prisoner shoved me against the window.


I wish the witnesses to be examined separate. I am a child's pump maker . I never received any money for the handkerchiefs; I know nothing about them: I never saw the other prisoners in my life.

The prisoner Whitaker called two witnesses to his character.

The jury withdrew for a quarter of an hour, and returned with a verdict



Of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

118. LAURENCE M'KENZIE and THOMAS GILBERTHORPE were indicted for feloniously stealing, on the 3d of February , three cornelian stone seals, set in gold, value 3 l. one gold watch key, value 10 s. the property of Samuel Thornton .

The case opened by Mr. Garrow.


I am a corn dealer in Mark-lane. On the 3d of February, Thursday, I took a boat, and came to Westminster-hall; and I went to the Court of King's Bench door, the Bail door, and could not get in there; and then I went to the curtain, and the first person I saw there was Mr Peatt; he had the curtain in his hand, and made way for me to put in my head; nobody was behind the curtain but myself and Mr. Peatt: the court was so full I could not get any further than the curtain: I said to Mr. Peatt, how do you do, Sir? he said, how do you do, Mr. Thornton? I will make room for you, and I held the curtain with my hand, to keep the curtain from hurting Mr. Peatt; and in a moment I felt a pressure on my groin, and then put my left hand under my right waistcoat pocket, and missed my seals; I thought my watch was gone; then I put down my right hand: I had three seals and a key hanging to my ribbon, which were gone; but I afterwards found I had not lost my watch; but thinking I had, the first word I said was, my God! I have lost my watch; and I said, Mr. Peatt, will not you assist me. and then I found an arm under my right hand waistcoat pocket, which I seized; I kept hold of the hand, and never let it go for some time; I observed it belonged to Mackenzie, as I found his name was afterwards; I said, you have got my watch; he said, I have not; at that moment of time I observed a boy came from under my legs; that was Gilberthorpe; I secured him, and said, you have got my watch, as I said to the other; and he said, no, I have not; I then said, you have got my watch, to which he said either I or we (I am not certain which, but I think it was I) have not got your watch, you have got your watch, and I found my watch quite down at the bottom of my fob, which is very deep: Mr. Peatt was standing by me; and I said, good God! will not you help me? and then he left me; there was nobody else present but me and Mr. Peatt, and the two prisoners, at the time I kept holding the two prisoners, about three minutes; at last a gentleman came out of court, and said, what is the matter, Sir? I said, I will thank you for your protection, Sir: I could get no farther; and immediately I heard something drop; I did not observe who it dropped from; I ratherthink from Gilberthorpe; and I saw my seals on the ground; I picked them up, and took care of the lads; they were mine; three cornelian stone seals, set in gold, and a gold watch key; I have had one of the seals this four or five and twenty years; and the other two, two and twenty years; I went into court and Lord Kenyon committed the two prisoners: nobody was by at the time the seals were picked up but the two prisoners and Mr. Martyr; the seals and key were cut away from the watch: I received a letter that night from Mr. Dalton, of the Crown Office, to send them to him; I sent them by my servant, and he brought them back: I am sure they are mine.

Mr. Knowlys, Prisoners Counsel. You pushed very much to get in? - Yes; to hear Judge Buller; he was speaking: I suppose I was three or four minutes, when I felt a tickling on the lower part of my belly: nobody was near me but Mr. Peatt; nobody was near me by a couple of yards.

Who passed you or came near you during the time you observed what passed? - I did not observe any body, nor any body to come to look into the court: I had the curtain in my hand.

Who was standing by the curtain? - Mr. Peatt, and I the outside of him.

Were there not persons looking on the outside of the curtain as well as himself? - No; there could not; I did not see any body; they could not peep in: they could not look without my feeling it.

Any body trying to come in would of course have pushed you? - Then of course I should have looked.

That is not the way to answer? - I felt no push.

Was not Mackenzie at the time you felt the push coming in? - I felt some sort of tickling at the bottom of my belly.

Would not his trying to come into court have given you that same sort of sensation? - No; it would not: my arm was up: the waistband of my breeches was extended: Mackenzie was on my side; I was nearest to the hall: nobody could come behind me and the curtain all before me: my back was out of the door: I stood fronting the door.

With the curtain in your left hand, and he came to your right hand? - I cannot answer you any other, was I to stand here eight and forty hours.

You are not new to this court; you have attended here very often: give me a plain answer; first of all, was his hand under your pocket? was it as my hand is now? - I caught his arm close to my side; his left hand next to my side.

Was the hand under your waistcoat? - Yes; it was; the hand was not clear off my hip bone.

Mackenzie made no answer about having your watch, as Gilberthorpe did? - He did not. I will not swear from whom the seals fell; but if I was inclined to swear, I should swear that they came from Gilberthorpe, because he kept fumbling: Mackenzie had only one hand at liberty; if he had any thing he could not have got rid of it only with one hand: I heard the seals fall.

How long have you had that string? - About five months; I cannot see that it was cut at all.

Jury. Could not you find that it was cut? - No.

Court. At the time you say this ribbon was cut you say that the seals dropped off; there must have been knots to tie the seals.

Mr. Knowlys. There is no part of the ribbon that can shew us by the sight of it, whether they fell from wear, or whether they fell from cutting? - No; there is not. I saw no piece of ribbon upon the ground: they did cut both ribbons: I told Lord Kenyon I did not see the piece of ribbon: I saw no ribbon with the seals: I am sure it was cut double, because I carried the watch, and held it up in the court; it was cut strait off; even; both parts alike.

I understand you to say, that there was this remarkable difference in the answers of the two persons; when you charged Mackenzie he said, I have not your watch; when you charged Gilberthorpe he said, Sir, I have not your watch, you have yourwatch: did he assign any reason to you, or say how he came under your legs? - No, Sir; he said, let me go; I am a very good lad; I am son to an apothecary in Shoe-lane.

JOHN MARTYR , Esq; sworn.

On the 3d of February, the day mentioned in the indictment, I was in the Court of King's Bench, just within the court; there was a considerable scuffle; a noise without the curtain; which I suppose continued two or three minutes; I went out of the court and saw Mr. Thornton, the prosecutor, very much agitated; I said, what is the occasion of this noise? Mr. Thornton said, I have been robbed, and that the two people that were near him, who were the prisoners, were the people that had taken his watch; I particularly observed the string of his watch hanging out of his pocket; and I particularly observed that the string appeared to have been cut, and that there was no knot, and that I am positive of: he immediately took his hand out of his waistcoat pocket, and said, God bless me! here is my seals, my watch is safe; to the best of my recollection; I will not be positive: he hardly knew what he did: I think, to the best of my recollection, I saw him stooping when I came out of the court, but I will not be positive; and when he said, I had been robbed! I have lost my watch, I observed the string of his watch hanging out of his pocket; and I am perfectly satisfied there was no knot to it: I said, secure the people, and bring them into court; and they were taken into court immediately after.

Mr. Knowlys. At the time you saw him, you say, you think he was so confused he did not know what he was about? - He did not.


I am tipstaff to Lord Kenyon. I searched Gilberthorpe by the desire of the court; I found a large clasp knife upon him: I have had it ever since.

Mr. Knowlys. Nothing was found on Mackenzie? - No.

Court. Did you find this knife open or shut in his pocket? - Shut.

That knife opens with two blades, one of which seems to open with great difficulty, and the other is so blunt it is a doubt whether it would cut a ribbon, or any thing.

Mr. Thornton. A man with a silver-laced hat said, there are your seals. There were five or six persons; a great many offered me assistance.

Who said, there are the seals? - A person a yard from me.

Was that the servant? - Yes.

Why, I thought there had been nobody with Mr. Martyr? - No more there was at first. At the moment the seals dropped, they heard them, and said, Sir, there is your seals; it was a stout man, in a silver-laced hat.

Prisoner Mackenzie. I leave it to my counsel.

The prisoner Mackenzie called three witnesses to his character.


On the 3d of February, about eleven in the morning, I was at that end of the town; I had heard the water had overflowed Westminster Hall, and that the lawyers were obliged to be taken out in boats; my father and me went: he had some business that way: I found it was no such thing, but it had been so; but they were emptying it out from Westminster Hall: the people said, it would be so again at four, when the tide came up: my father told me not to stop: I was going to return, and coming through the Hall there were some people pulling the green curtain back; I went to listen too; I asked Mr. Thornton what it was? he said, it was a trial about some dollars; he did not listen to me after; he was listening to the trial: I was trying to push the curtain, to get my head in as well as Mr. Thornton, to see; and he turned round, and laid hold of me, and said, I had taken his watch from him; and then he laid hold of this young man; sayshe, you have got my watch? I said, no; he said, you have my seals, and they were on the floor, and he picked them up; I was searched, and stopped, and sent to Newgate; we went to the publick house, where we had something to eat; I gave the gentleman the knife; presently came in Mr. Thornton and a lawyer; he said, he had done what he had; he said, he should be very glad if he could have my boots pulled off, for there might be some other property in the boots; but the constable said, there was no room convenient; and they were pulled off there, and nothing was found in them.

Court to Thornton. Did you hear any conversation between the two prisoners while you was at the door? - No.

Did Gilberthorpe say any thing to you? - No.

Were the seals nearer to the prisoner than to you? - We all stood of a row: the men were near me.

The prisoner Gilberthorpe called one witness to his character.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

119. JOHN BIRKITT , ELIZABETH BIRKITT , and HANNAH ROCK were indicted for stealing, on the 29th of January last, three pair of sheets, value 20 s. and one looking glass, value 2 s. the property of Jeremiah Griffiths .


I am wife of Jeremiah Griffiths . Hannah Rock was only a visitor. They took a room of me in the name of Griffiths. I found three pair of sheets and a looking glass at the pawnbrokers, Mr. Sinesi.


I produce a pair of sheets; one in the name of Miss Mary Rock , between seven and eight.


I am servant to William Mole . Hannah Rock and Elizabeth Birkitt pawned a glass; the prisoner, Hannah Rock , delivered the glass to me; she said, it was her property; I asked her: I am certain to her person.


I am a pawnbroker with Mr. Collins, in Great Wild-street. About half after eight the door was wide open and the beds all stripped of their sheets: I missed the sheets: the sheets belonged to Mrs. Griffiths: I left it locked about four: I went up about half after four; it was locked; I returned about seven and the door was open.

MARY ROCK sworn.

Elizabeth Birkitt gave these things to me, and said they were her mother's: I pawned them with Mr. Sinesi, on Saturday night, at eight o'clock.


I am one of the late constables of St. Giles's in the Fields: I apprehended Mary Rock .


I am a constable. I went to the three pawnbrokers with the prosecutrix, where the sheets were found.

(The sheets deposed to, which were pawned by Mary Rock .)

(The glass deposed to.)


I know nothing about the sheets at all.


I went with my mother to pawn the glass; that is all I know.

The prisoner Rock called two witnesses to her character.



Imprisoned twelve months and fined 1 s.


Imprisoned six months and fined 1 s.

The jury recommended Hannah Rock to the mercy of the court .

Tried by the second Middlesex Jury before Mr. RECORDER.

120. JOSEPH HEAD was indicted for stealing, on the 17th of January last, a cloth coat, value 15 s. a worsted waistcoat, value 12 d. a jean waistcoat, value 2 s. a shirt, value 2 s. a marishal, value 12 d. two leather gloves, value 2 d. the property of Patrick Doran : one linen shirt, value 2 s. one muslin neckcloth, value 6 d. the property of James Hayes .


On the 17th of last month, on Monday morning, I got up and went to my work, and left the prisoner in bed in my room; the prisoner lodged in the same house with me in Feather's-court, Holborn ; on Monday morning I took my coat and waistcoat from a line and put them in a chest, the rest of the things lay about the room, and my hat hung on the corner of the bedstead; James Hayes lodged in the same house, and went to work with me; I left the prisoner and Joseph Bowman in bed in the same room; about eight o'clock in the morning I was informed by James Hayes and Christopher Doyle that the room was robbed, and in about half an hour I heard the prisoner was taken; I went to my lodgings, and missed the things in the indictment.


I lodged with the prosecutors and prisoner the 27th of January, Patrick Doran and James Hayes went out first, I went out a quarter before seven, I am a whitesmith, I left the prisoner in the room part dressed: when I came home to breakfast, I heard the prisoner was in Bow-street, and the things stolen; me and the woman of the house went to Bow-street; I lost a cloth coat which I left on a little table alongside the bed; I left a pair of stockings, a shirt, and a handkerchief; they were not locked up.


The prisoner lodged on the Saturday night in our house, I did not lodge in the room the night the things were taken, I was on duty as supernumerary watchman; on the Monday morning I was informed the room was robbed, and all the men's clothes were gone; I overtook the prisoner with a small bundle, and this waistcoat sticking out of the bundle under his arm; I took him to Bow-street, I found nothing of these things but this waistcoat, which belongs to Doran; I saw him searched at the office, and half a guinea and six shillings were found in his pocket, and two gloves, and some duplicates.


I am a journeyman hatter on Ludgate-hill; the prisoner brought this hat to me to alter for him, and make less; to the best of my knowledge it was the prisoner.


On the 17th of January the prisoner brought a bundle about a quarter after eight in the morning; to the best of my knowledge it was him, but I cannot swear positively, to my house, a publick-house in Smithfield; I never saw him after till I was sent for to Sir Sampson's.


On the 17th of January, the morning part, these young men brought the prisoner to Bow-street, and I searched him, I found sixteen shillings and sixpence in money, two odd gloves, and a new under waistcoat, a few duplicates, but not concerning this robbery.


I live with Messrs. Pharez and Pearson of Fleet-market, pawn-brokers; I saw the prisoner on the 17th of January, to the best of my knowledge, I believe he is the man, he pledged a couple of coats and a handkerchief with me for one pound; I do not mean to swear positively to him, I believe it to be the man, to the best of my knowledge.

(The things deposed to by the various owners.)


I took none of the things out of the lodgings; the waistcoat and gloves were given to me by a person that came to call me up in the morning, and he gave me the waistcoat to take home to my mother to wash with my things, but the waistcoat was not tied up in a bundle, and I was carrying home my dirty linen.


Fined 1 s. and imprisoned six months .

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

121. GEORGE RICHARDSON was indicted for stealing, on the 15th of January last, a tin oil bottle, value 4 s. and four quarts of oil, value 15 d. the property of Joseph Lucas and Christopher Spencer .


I work for Mess. Lucas and Spencer, they are lamp-contractor s; on the 15th of January last I was in Newman-street, Oxford-road , between the hours of one and two, I was trimming the lamps, I was up the ladder, I left the kettle in the street about one hundred yards from where I was at work, on the foot pavement by the rails of a house, I went back again and my kettle was gone, I had not seen it for about three quarters of an hour, when I saw it again, it was at the watch-house the same evening, and the prisoner was in custody; there was about five quarts of oil in it.


I have worked for Mess. Lucas and Spencer years; I was coming from dinner, I live in King-street, Seven Dials, their shop is in Phoenix-street, St. Giles's, about half after two o'clock; I went into White Lion-street, which is the way to the shop, and I met the prisoner with the kettle in his hand, coming towards me; it is better than a quarter of a mile, half a mile I should imagine; when he saw me, he immediately put the kettle on his head, I was in the dress of a lamp-lighter, in a greasy jacket; I am perfectly satisfied he saw me, he was about seven yards off, I walked up to him and met him, and I asked him whose work he was going to do, and who he was going to help; he then gave me a good many sawcy answers, which induced me to think he had stolen the kettle; he told me cheeks, that was the word he said; I followed him across the Seven Dials into Short's Gardens, at the corner of Belton-street in Short's Gardens; he took the pot off his head, and set it down under a grocer's window; I then passed him up Short's Gardens, he then came out into the middle of the street, and beckoned as if to somebody, I cannot say whether he saw me or not; I then turned myself about in order to come at Short's Gardens again towards him, he had then taken the kettle up again, and was coming towards me with the kettle on his head; I laid hold of him and said, now young man, where are you going with that kettle? he told me to ask his a - ; I still held him by the collar; I said, you rascal, I believe you have stolen this kettle, it is my master's property; (I knew it to be so at first by a particular bruise) he then said his brother-in-law gave it to him; he refused to tell me his name, I took him to the watch-house; says I, that is where your brother-in-law lives you rascal, and he was committed; I left the kettle at the watch-house till six o'clock; I took off the cover and found oil in it.

(The kettle produced and deposed to, and also by Pipping, marked L. S. No. 44, and a bruise.)


I never saw the man; my Lord and Gentlemen of the July, I belong to a ship at Deptford, and it is a general rule for a man to find a bondsman for his two months allowance; my bondsman lives in New Bond-street, he promised me; I have a wife and family, two small children, and I thought the few pounds would be of service to her; I was coming from Carnaby-market, and met a man who had been pressed along with me, his name is Jonathan Price , he asked me to give him some beer, and we had some beer and gin; I gave him the duplicate of a watch I had in pawn to sell, and he went out, and staid above two hours, and I said to the landlord, I am afraid this young man has tricked me, and I took this kettle and went to see for him; I saw him go into a house, and I beckoned to him, and this man took me.


Fined 1 s. and imprisoned six months .

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

122. JOHN DODD was indicted for stealing, on the 31st of January , two pieces of wood called satin-wood, value 10 s. two pieces of wood called mahogany table feet, value 2 s. the property of John Watkins .


I am a cabinet-maker in Cambridge-street , I lost the wood in the indictment, and a great deal more; I got a search warrant, and found a part on John Dodd , in a house in the Gravel Pits, where he lodged; I have seen him before and spoke to him, he worked for a man that rents part of my shop, I heard he had been offering my wood for sale, then I went and got a search-warrant, I found it in the place where he was working, it was about twelve at noon on a Monday; says I, Dodd you have some wood of mine; he denied it with an oath, then he said a man gave it him to sell; I said produce that man, the wood was over his head across a beam, I suspected it to be mine, I looked at it, I have it here, I have kept it ever since, I could swear to it among ten thousand, I am certain I had not sold it or given it out to be worked up; there are ten of them, I valued them at one shilling a piece.


I belong to Justice Reid, the prosecutor came to me and told me he had been robbed, and suspected Dodd; I knew Dodd, and found him at work in Husband-street; Watkins was with us, says he to Dodd, I have lost some wood, you know where it is? says the prisoner, cannot we settle it, without going further; he said one Martin a soldier gave it him, but would not tell his regiment; he reached down eight of these things, he wanted to settle that matter with Watkins, I said he must go before a magistrate; I know nothing of the table legs.

Court to Watkins. You missed some of these things between Sunday and Monday? - Yes.


My Lord, I met this soldier, and he asked me to sell them for him, he laid the table legs on my arm, and carried the vaneers to my place where I was at work; I saw them the next day, and told him to take them away; they said that would not do, and the best way would be to burn the whole kit; I said that was not right; he said, you take care of the vaneers, and I will take care of the legs.


Fined 1 s. and imprisoned six months .

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

123. SARAH SMITH was indicted for stealing, on the 2d of January last, one watch, the inside and outside case both made of silver, value 30 s. a steel chain, value 1 d. two metal keys, value 1 d. one steel key, value 1 d. the property of William Williams , privily from his person .


I am a porter to Mr. William Shore , grocer and tea-dealer, opposite the White Horse, Piccadilly. This affair happened on Sunday, the 2d of January; I was going home from St. John-street, Clerkenwell, between the hours of two and three, to the best of my knowledge, in the afternoon; and going up Holborn, I went to enquire for a countryman, in Cross-lane, near St. Giles's ; his name was Jones; I was there once before; and I saw an old woman at the end of a court in this lane; she asked me who I was looking for? I told her Mr. Jones; she said she knew where Mr. Jones lived; I understood before I went, that he had left the public house, and lived somewhere in the lane; the old woman asked me to walk in, and I did, into a house in the court; and she asked me to sit down, which I did; and she went out of the house immediately, and left me there; the prisoner and another woman were in the room when I came in; and they asked me if I would give them some gin; this was after the old woman went out; I told them I had no money to give them for gin; I did not like gin; they pressed very hard upon me for some gin, and said if I could not drink gin, they could; then I denied giving them money for gin, and had six-pence and some halfpence in my waistcoat pocket; my hand was in my waistcoat pocket all the time; I pulled out the money, and held it in my hand; and one woman took the halfpence and ran out; and Sarah Smith took the six-pence out of my hand; she wanted some more; I told her I had no more about me; and she told me to feel in my pockets for some more, and asked me to let her feel in my pockets, and I would not; and while she was talking to me, she put her hand round my waist, and took my watch by the chain out of my pocket finding my watch go, I caught hold of her, and held her fast; and she fought very hard against me, not to give me my watch out of her hand; she did not offer to go out of the door, but asked me to let her fasten the door; but it was not, to the best of my knowledge; then she wanted to get away from me; and she told me if I would not let her fasten the door, I should be murdered, she wanted to get away into the court from me: then she got into the court, and I after her; and she got into another house facing the court; and I pulled her out of the house by force; then she ran very hard against me; and she wanted me to go to fetch a constable to search her; I would not go nor let her go; and she ran into the next house; and two men came out; and one collared me, and held me by the arm, and the other let me go; he held me fast; they got her away; and she ran away as fast as she could, into the first house facing the court; they would not let me go in after her; there were a parcel of women standing at the door; then a gentleman fetched a constable; but the people in the house would not let him come in; and the constable himself said, he could not have a warrant, because it was Sunday; there was a little boy belonging to the public house; and he asked me for a shilling to fetch a constable; I told him I had none; there were another man or two, and a woman; I went again with a man that lived in the lane, and fetched three runners: and we went to a public house; and I followed them into the same house; the door was open, and an old woman was there; but I do not know it was the same; they searched the room, but could not find the watch; I saw the prisoner on the Monday after, before the Justice; the Justice told the woman to look at me, at the bar, and say if she knew me; she declared she did not; he told her to look twice more; and she said she did not know me: I looked at her, and am sure of her; I was with her in the whole, ten minutes; there was a very bad light in the room; there was nocandle; there was a bed in the room; and a very bad situation it was in; but I cannot say whether I sat down upon it or not; when I first went into the room, there was no candle in the room; it was between two and three; it was day-light.

Court. Do you undertake to say now that you are sure of the prisoner? - Yes, I can, with a clear conscience; I never took a drop of any kind of liquor that day, till this happened; I did not think there was any harm in going into the house with the old woman; she was quite a mortal. old woman; I never was in any of the houses before.

Had no familiarities passed between the prisoner or any of the other women and you? - No.

Nothing of the sort? - No; I never found my watch again.


About two, of the Sunday afternoon, as nigh as I can guess, I went to this woman's house; I sell fruit; I bought a bushel of apples on the Monday; she owed me a shilling; I went for it; this gentleman came in and enquired for one Mr. Jones; she said he had left the neighbourhood upwards of a twelvemonth; he asked her to have something to drink, and gave her twopence; and while she was gone, the gentleman gave me six-pence; I hope, my lord, you will excuse my speaking indecent; I said it was too little; I returned it to him; he drank part of the liquor, and went away; he came back, and said he had lost his watch; the woman sent to me, and I came; and he did not know me then; he went a fetched a constable; the gentleman that came, said he was so much in liquor, he should take nobody into custody on his evidence; he let me go; and in about three weeks, or better, I went to the office, and saw this gentleman there; he said I was the person: here is a gentleman that will speak, who went and fetched the constable.


I live at No. 45, Cross-lane, Holborn; I keep a cook's shop and green-grocer's. The transactions in the court I cannot be accountable for; I believe, a quarter past two, of a Sunday, the 2d of January, I heard a great noise in Cross-lane; I opened my shop door, and I saw the prosecutor appear in a frantic mad manner in the street; he said he had lost his watch; he came up to my door, and told me; I said I am sorry for it; how did you lose it? he said he was enquiring for a man of the name of Jones, who kept a public house in the lane, of some people that stood at the end of Star-court; and he said, while he was asking this question, a woman asked him for something to drink, and he gave her a six-pence; he did not say he was in any house whatever, but that he was held by two men, while his watch was picked out of his pocket, by a person whom he did not know; them are the words he said; I refer to the prosecutor; I am master of arms to a man of war; and I have a family; he desired me to assist him, as he said I looked like an honest man; and I left him to take care of the door of the place that the woman went into (it is facing the court) while I went up to Justice Walker's; that was the house where he told me the woman had gone into; he said he had lost his watch, and would give any thing to recover it; he did not say the woman; he said the person; he did not know who it was; I went to Justice Walker's for a runner, and there was none there at the time; I met a man with a lame arm, and desired him to come with me; this man came into my house and had a pot of beer; I believe the runner stood at the door to take care nobody went out; the prosecutor could not give any particular charge of any person; he was so much in liquor, he could not find his way out of the house; there was only part of a pot of beer in my house; he had hold of my hand; he said, you are my friend, and if I could recover my watch, I would give you a guinea; and he said he would call in the evening, and go to Little Wild-street, to another runner; there are three doors to the house, twostreet doors, and one that goes in a partition between the house where Jones lived and my house; I took him by the hand and shewed him the way out; he said he would call again, and he hoped I would go with him to see for the runner, he said he could not stop, he would go home to his master and acquaint him with his troubles; he came about half past three again alone to go with me to the runner; I was not out of my house, when he came back he was so much in liquor, that I was obliged to help him to Treadway's, and there he gave such a lame account, and said he was among a number of girls, and Treadway and another refused to undertake it, because he said somebody took his watch, but he would not tell who, and at some space of time afterwards the prosecutor had the woman taken up; I had no more acquaintance with this woman, any more than the child unborn; she came into my house at times when I was out, for meat and things; I have seen her as a customer, and never knew any thing dishonest of her.

Court to Williams. You have heard what this witness has sworn: first what do you say as to your sobriety, after you have heard his evidence, was you sober? - My Lord, I was as sober as I am now.

And do you persist in it that you had not drank any liquor that day? - My Lord, I never touched any liquor, from the time I got up in the morning till the affair happened, but milk and tea to my breakfast.

Did you drink any thing in his house? - Nothing but a share of a pot of beer, that was all the liquor I had that day, besides one pennyworth, and he wanted me to join for more with him, when we went to the runners.

Then you had a pot of beer when you returned with the runners? - Yes.

Was you never in his shop? - No, I never was in his house till I came back from the runners; but I saw him before, and he went with me; there was a constable came before, which was fetched by this man, I told my case to him before we went for the runner.

Sullivan. My Lord, the constable came, but he said he could not take any charge, because the prosecutor said he could not tell who took his watch, only he wished to have both the houses searched.

Prosecutor. This man has been after me now in the hall, and has offered me two guineas and a half not to speak the truth, and the truth I will speak.

Sullivan. No such thing.

To Prosecutor. What offer has that man man made to you? - Says he, Williams do not sell the woman's blood, be favourable to her, do not be blood-thirsty, do not be hard on the poor girl, and we will make your loss good for your watch; one woman will be half a guinea, and her poor mother will be something; she will do what she can to make it up two guineas and a half; he said he would be answerable I should have the money; and then he wanted me to go into a public-house to have a drop of beer, and said my trial would not come on for some time.

Where was this, now? - Just outside the door.

When? - To-day; and one of the gentlemen at the door, who had got a staff in his hand, he told me not have any thing to say to him, for he was pumping me, and trying what he could get out of me; I told him I had nothing at all to say to him, and went away, and walked by myself in the furthest passage door from him.

Did you ever tell that man, Sullivan the cook, that you was held by two men while the watch was picked out of your pocket? - No, please you my Lord.

What account did you give Sullivan of what had passed? - I told him there were two men came out of the house, and held me till she got away from me.

That is the account you have now given? - Yes.

About what o'clock was this conversation to-day? - It might be half past eleven, near twelve, or thereabouts.

Where did you first see Sullivan? - In Cross-lane.

Was he at his own door? - He came tome when I was in the lane, with a pair of trowsers on.

Had you called at his house before he came to you? - No, I had not, he came up to me, and asked me how the thing was, and I told him, and he said he was my friend, I was so badly used he could not stand it any longer, and he went for a constable.

What did the constable do when he came? - Nothing at all, only came to the door, and sent the people from the door; he had no warrant.

What house was it you searched when you returned with the runner? - The dwelling house, where the prisoner robbed me of my watch.

Can you say whether Sullivan was present at that search? - I did not see him then.

At what time was it you went into Sullivan's house? - After I had been with the runners.

After you had searched the other house? - Yes.

Is it true, that you was then so drunk, that you could not find your way out of his house? - My Lord, what I told you before, I was sober, and I would not tell any lie.

Did you make any mistake in coming out? - I believe I did.

When you went up for the runner, was you able to go, or did he support you? - No further than he was his twopence to my three halfpence; I was able enough to go to any part.

Was you at Treadway's? - I do not know him.

Was you twice that afternoon at Sullivan's house; was you there twice or only once? - Only once, to the best of my knowledge.

Did you ever go home to your master, and inform him of this, before you went to the runner? - No, I did not.

Did you tell Sullivan so? - No, my Lord, I did not, I never told my master till the prisoner was taken; I was afraid I should be turned out of bread, and lose my place; I have been nine years with my master, and I lived at Mr. Dring's the grocer, at the Bars, and I did not like to tell him of this.

But why; you had not done any thing wrong; did you make Sullivan any offer to get your watch? - I said I would rather give a guinea than lose my watch, or let my master know that I had lost it.

How came it you could not find your way out of his house? - There were so many turnings, and I never was there before.

Did you ever tell Sullivan you did not know the person that took it? - No, I never told him any such thing, nor any body else; I told the runner, and described her, and they said she was very well known at their office; (Carotty Sall) I knew her directly.

Did you ever make any offer to any body that he calls his brother's boy to attend? - The boy asked me when he came to the Justice's door to give him something.

Was the boy before the Justice? - Yes.

What boy do you speak of? - This man's brother's; the Justice asked the boy to look at the prisoner, and see if he knew her; and the boy says yes, Sir; the Justice said, what do you know of her? and the boy said, she lives in Star-court, just where I live; I never made the boy an offer of any money at all, his brother here made him go with me, or else he would not; says he, I hope you will give me something, Sir; my boy, says I, I will give you nothing, says I; the boy belonging to the publick-house was the same boy; Sullivan's brother keeps the publick-house, and this is his brother's boy.

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

THE TRIALS AT LARGE OF THE CAPITAL and other CONVICTS, ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 16th of FEBRUARY, 1791, and the following Days;

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




Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row.



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

Continuation of the Trial of Sarah Smith.

Then you mean to swear that what Sullivan has said about your being completely in liquor was not true? - No, it was not true.

And you mean to swear, that you had had no liquor that day? - I had had none, not a drop, till I met with Sullivan.

And that you did not tell him two men held you while you was robbed? - No.

Court. Set up Sullivan again.

Had you any conversation to-day with the witness Williams? - Yes, I had.

Relate what conversation you had with him to-day? - Nothing concerning what he has alledged at present.

Did you say to him, do not be bloodthirsty? - I did not.

Did you say any thing to him of that nature? - No I did not.

Did you say to him, we will make your loss good for your watch? - I never expressed such a word in my life.

You did not say that then? - I did not.

Nor any thing to that effect? - I did not.

Did you say that one woman would be half a guinea, and that her poor mother would do what she could? - I will explain that point my Lord; I made mention to you, that it was not to the purpose he described, there is one Butcher, a principal evidence, that said this man told him, if he could procure him two guineas, he would not appear at his trial.

Did you make this offer to him? - I did not.

You did not say that a woman would be half a guinea? - I never expressed such a word to him.

Nothing like it? - No, I did not indeed.

Did you say that you would be answerable for any money to be given on that occasion? - No, my Lord, I did not, it is no concern of mine.

Did you want him to go into the publick-house to have a pot of beer? - No, there was a constable that wanted him to go into a publick-house, and told him that his trial would not come on soon.

Court to Williams. Was it the constable or that man that wanted you to go into apublic-house? - Please you I tell you the truth; this man, God Almighty forgive him; I take it he would say any thing, God Almighty forgive him.

But you never did ask him to go into the publick-house? - My Lord, I solemnly declare before God and the world, I never expressed such a word as that; there was a constable, a hair-dresser of Marybone parish, who was here on a trial, and he it was that asked him to drink, and told him so.

Jury. Do you recollect his name? - I do not; he is a hair-dresser, and wore a drab great coat, I knew him before, he attends at Justice Read's in Poland-street, he is a runner belonging to that office; I cannot tell you whether he is a runner or a constable.


Was examined as to the conversation between Williams and Sullivan, and deposed that he heard some conversation about a watch and money, but could not speak to particulars.

The Court waited a long while for another Constable, James Earle , who at last was found and sworn; he deposed he heard a good deal about a watch, but could not recollect particulars.

GUILTY Of stealing, but not privily .

Transported for seven years .

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

124. WILLIAM WELLS was indicted for stealing, on the 31st day of January last, one India shawl, value 10 s. the property of Edward Price , Esq .


I live at No. 1, Flower de Luce-court, Fleet-street, the 31st of January, Monday evening, about twenty minutes past eight, I saw the prisoner standing at the corner of Chancery-lane , with three other young men; I was with Mr. Stapleton and Mr. Holmes, we were walking by, we had a suspicion of them, the prisoner run across the way, and appeared to have something under his arm; there was a coach standing, I saw the prisoner open the coach-door and take something out, and make a plunge to get away; I took him round the waist, and said, what have you here? and I saw something fall, and I bid Stapleton pick it up, and put it in his pocket, I saw him open it; there was in the bundle, a shawl, and a letter wrapped up in a newspaper; the prisoner was taken to the watch-house, I went with them; then Mr. Stapleton and me went to Mr. North and enquired for the owner of the carriage, and we found the lady to whom the shawl belonged.

Mr. Garrow, Prisoner's Counsel. At this time of night there was a good many people passing? - Yes.

It was rather darkish? - Yes.


Deposed to the same effect, and picked up the parcel, but could not be positive to the prisoner.

Mrs. Brice deposed to the shawl, and left a letter and shawl in a newspaper in the coach, while she went into Mr. North's; she saw nobody about the coach.

Prisoner. I leave it to my counsel.

The prisoner called eleven witnesses who gave him a very good character.


Privately whipped .

Tried by the London Jury before Mr. Justice GROSE.

125. ARCHIBALD NEALE was indicted for stealing, on the 12th day of February , twenty pounds weight of butter salted, value 20 s. and a wooden cask, value2 d. the property of Samuel Bostick and Ralph Arden .

(The witnesses examined separate.)


I am a cheesemonger in the Borough, my partner's name is Ralph Arden : I only prove the property.


I am servant to the prosecutors; I drove a cart to Brewer's-quay with 40 casks of butter in it, on Saturday last, from Mr. Bostick's; I went down, and the gateway was very thronged with carts, a horse was down, I went to help the man up; in the mean time my cask of butter was gone, I saw it two minutes before; when I returned to the cart I did not miss it, till I was told of it by Mr. Talbot's man; I followed the prisoner, and brought him back with a constable; he described the man with a blue jacket, I saw a cask missing, I went to the top of the gateway, and saw the cask in a town-cart that was standing for hire with one horse; there was one cart behind mine, the prisoner threatened to knock him down, and offered great violence, with very vulgar words; I thought the man's countenance altered, and I let the prisoner go, and brought back the butter; the witness Barker sat on a truck with another boy, and he said, you are very much to blame for letting him go, for I saw him take it: I found the prisoner again and took him; he said he would not go back without I would pay him for his trouble; his demand was threepence, which I paid him; he went about twenty yards, and uttered very ugly language, and threatened to knock me down if I followed him: I told him I would follow him till the sun set, and the moon rose, but I would have satisfaction; the constable took charge of him, and Barker said he was the man.


I am guard to one of the mail coaches; I was employed by a gentleman in the Borough to take down a cart to Chester's-quay, which was full of carts; I could not get in, I sat down on my truck at the top of the gateway, as much as ten minutes; I saw the prisoner take away a tub of butter out of the cart, I am certain to him; I did not know Mr. Bostick's cart before, it was driven by Davis, he put it in a cart, but he could not get through; a man at the top of the gateway took the butter from the prisoner, and he walked with him to the tail of the cart, then the prisoner wanted to take it on his back; there was an alarm in five minutes, and I told what I saw, and the prisoner was taken; I am certain to the prisoner, I did not know but he belonged to the cart.


I saw the prisoner come from the tail of the cart with a cask of butter, he could not get it through, and another man came past and helped him with it, and he said it was to go to Cavendish-square.

Prisoner. Did any body tell you what to say? - No.


I can swear to the mark of the butter.

(The butter produced and deposed to.)

Prisoner. Did you mark any more the same? - I marked all the forty casks the same.

Did you ever mark any casks with the same mark? - Several days I have.

Bostick. This cask was in my possession the Saturday morning; a diamond B. 1186.


I was standing under the gateway, and I happened to turn my head, and I saw the prisoner with this cask of butter, I informed Mr. Bostick's carman; I told him to follow me, and we turned round and saw the cask lay in a town-cart, and the prisoner standing just by; I told him he was the person I saw with the cask; and he used very ill language, and said he would knock my eye out; I took the cask and put it intoMr. Bostick's cart; we lost the prisoner; Davis brought him back.


I only took charge of the prisoner; I have kept the the property ever since.


About three years ago I came from the coast of Africa, and was very poorly, and I went to the Island of Cuba; I came to Cadiz in Spain, I learned some of their language; I know nothing about the butter, I never saw the man in my life, I was working for my daily bread; there are twenty people in blue jackets and trowsers, that use the quays as well as me.


Transported for seven years .

Tried by the London Jury before Mr. Justice GROSE.

126. JAMES WHITECHURCH was was indicted for stealing, on the 10th of February , a leg of pork, value 2 s. the property of Stephen Foulkes .


On the 10th of this month I was in my kitchen backwards, I thought I heard somebody in my shop; I turned round, and saw the prisoner take up a leg of pork, and he went out; I pursued him four doors down our lane, and I touched him over the shoulder and said, my friend, you had better come back and pay for that leg of pork; he said, I am only going to take it to my brother to shew him: I brought him back, and at the door he dropped the leg of pork in the dirt, and fell on his knees, and asked for mercy; I told him no mercy I would shew, for I had been robbed many times; I took the prisoner and the pork to the compter, and then took the pork to Mr. Newman's house.


I am a constable, this leg of pork was left at my house by Mr. Foulkes.

Prisoner. I was in great distress, and had not a bit of victuals for the days; I have three motherless children and never was guilty of any thing of the kind before.


Whipped .

Tried by the London Jury before Mr. Justice GROSE.

127. JONATHAN STUBBS was indicted for stealing, on the 31st of January last, two pieces of cloth, called brown duck, containing seventy five yards, value 3 l. 12 s. thirty-nine yards of other cloth, called dyed duck, value 45 s. thirty-three yards and three quarters of blue linen, value 1 l. 18 s. thirty yards of other cloth, value 1 l. 5 s. and a linen wrapper, value 2 s. the property of James Catchpole .

(The witnesses examined separate.)


I am a peruke-maker, I know nothing of the felony, I only attend to prove my brother, James Catchpole , proprietor of the waggon that goes to Palgrave in Suffolk from London : he has no partners.

Mr. Garrow Prisoner's Counsel. I take it for granted, you know only from the information of your brother, who is or who is not the proprietors of the Palgrave waggon? - Yes, I do know perfectly well who is the proprietor of it; I know he has had the possession of that waggon eighteen years.

Have you any concerns in it? - No.

Do you keep the books? - No.

Do you transact any business for it? - I cannot say I do.


I am a book-keeper to James Catchpole , his name is on the carriage and wrapper, and every thing goes in his name; there are no other proprietors; I have paid him money on account of this waggon from other people, and do so every time we come; I have kept the books about fifteen or sixteen years, and always understood him to be the proprietor; I booked the goods for Mr. Catchpole, at the Saracen's Head, Snow-hill ,the 30th of January, between eight and nine in the morning, on a Sunday morning; there were only two articles, a box and a truss directed

" T. Wall, Walsam, Lewillys;" I saw them weighed, but I did not see them put into the waggon; the waggon set off between five and six on Monday morning; I cannot tell the contents; the prisoner has been horsekeeper and hostler at the Saracen's Head several years.


I am a warehouseman to Prescott and Howard, No. 3, Bow Church-yard; I know that those goods in the indictment were the property of Prescott and Howard, I looked them out to be sent; there were more articles sent to the waggon than those that were lost, and I put them by to be packed.


I am a packer; I took the goods from Mr. Waring; they were given to me to pack, and to send to the Saracen's Head; when Mr. Waring entered the goods, he said those goods are for Mr. Thomas Wall , of Wallsam, Lewillys; I packed them up; they agreed with the Journal as entered; I directed them; I ordered the person employed, George Brown , to take them to the Saracen's Head; Brown has the delivery-book, which I saw him sign.


I am a porter, I have a book in which I entered a truss, the truss was marked Thomas Wall , &c. dated the 29th of January last; I do not know the quantity of goods that went; I know from this book, and I carried it myself, that a truss went for Mr. Thomas Wall , &c.

JOHN ROBY sworn.

I am under my father in the yard, I took a truss out of the warehouse in the scales, and put it into the waggon; they were directed to Messrs. Wall, &c. and I found the property in the prisoner's box, on Wednesday, the 2d of February, in the evening, at his lodgings at Mr. Gobby's, the Swan, Snow-hill; I found the wrapper and the bill of parcels inside of it; the goods came from Prescott and Howard, Bow Church-yard, by the bill of parcels; I went and informed them, and they said the goods were their's; the goods were left in the constable Paterson's possession all that night.

Mr. Garrow. How long have you belonged to the yard? - I was born there.

How long have you known this man? - Between two and three years.

And he has belonged to the yard during that period? - Yes, he has.

It was in an open box you found the truss in? - It was in a coffer.

Was it locked? - No, it was open.

Did not Carwell lodge in the same room with him? - Yes, he did.

Was it not Carwell told you the things were there? - Carwell gave the information of it, he told another person of it, and he told me.

It is an old saying, they that hide can find? - Yes, it is; I did not hide them, I am sure.

I dare say you did not.


I work for Mess. Hawkins and Gilding, Snow-hill, I porter for them; at present they have not much to do, but what they do I do; this man sleeps along with me; on the 31st of January he brought this truss in, about thirty minutes after six o'clock, in a sack, and told me he was coming after his smock-frock, and took it with him; a little after seven he came again, and said he was going to look his dirty linen for his washerwoman; when I got up I looked into his chest, as it was not locked, and I saw the truss, out of the sack: I looked in again on Tuesday morning, and it was opened then, but none of the property gone; it was not before; on Wednesday morning I looked again, and some was gone, and I went and made mention of it to John Roby , and this I told him on Wednesday; I thought I would stay before I mentioned it, to see if there would not be an advertisement when the Boston coach came in.

Mr. Garrow. Alexander, with your leave, I will say a word to you; am I to understand that John Roby was the first personson you mentioned this matter to? - Yes.

You are sure of that: and if John Roby has said that you told it to John Thomson , and John Thomson told him, he did not say the truth? - No, certainly.


I keep the Swan, Snow-hill; the prisoner lodged with me in a tenement of mine adjoining the house; in consequence of an information I took the key of his room and went up, and said if there was such a thing, the person may soon see; this was on the 2d of February: John Roby and I went up into the room, and the box was open; John Roby looked in, and takes hold of the wrapper, and said, this is the truss that should have gone by Catchpole's waggon, and he found the bill of parcels, and examined the truss, and found one piece gone; they are both here, the bill and the goods: the constable Paterson was with us, and took them into his custody.


I produce the goods, and the bill of parcels with them.


I am an assistance to Mr. Mountain; John Roby asked me to assist the prisoner to the Compter; the prisoner said the parcel was given him by some Irish Jew, and that I should find the Jew at the Three Nuns, Whitechapel; I went there, but did not find any person that answered the description the prisoner gave me.

The prisoner called seven witnesses who gave him a very good character.


Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

128. MARY PARTRIDGE was indicted for stealing, on the 26th of December last, a silver watch, value 20 s. the property of Everet Martin , privily from his person .

And JOSEPH SMALLWOOD was indicted for receiving the same, knowing it to be stolen .


The day after Christmas Day, I had been to the King's Bench; I came over Blackfriar's Bridge; going to Great Mary-le-bone-street, No. 6, where I live (it was about nine in the evening); I stopped at the corner of Fulwood's Rents , Holborn; and a woman asked me to go home with her; it was so dark, I could not see her; and in the same instant, a man who stood next to me, whom I could not see, and that man gave me a bit of a push; and before I could look round, my watch was gone; I swear positively I did not feel the watch go; but I have no knowledge of either of the prisoners, by reason of want of light; the watch was in the fob; the waistband of my breeches was buttoned at the time; they were cloth breeches; the fob was pretty deep in; I do insist I did not feel the watch go; I cannot say I was sober at the time; I first missed my watch the corner of Fulwood's Rents; it is a silver watch, worth three pounds; about ten days after, I saw my watch in the hands of Mr. Rumley; I knew it by the No. 716 being upon it; T. M. withinside; I recovered it as I lost it.

Mr. Knapp, Prisoner's Counsel. How long was you in the King's Bench Prison? - Two hours; I drank two or three pots of beer there among six or seven; there were many men and women passing and repassing; I went to no magistrate; I gave it up as a lost case; I do not remember saying before the magistrate that I was drunk, but I cannot say I was sober.


I am watch-house-keeper. On the 1st of January the prisoner Smallwood was brought in for an assault; he gave me the watch to keep till the morning, to give him something to drink; he called for it before twelve; and I stopped him on suspicion ofstealing it; I kept the watch, and looked into the papers; it was not advertised; and at last I found the prosecutor; the watch fell down at the justice's, and I had it repaired; that was either the same day, or the next day, that I shewed it to the prosecutor.


I work hard for my bread; go a charing, or any thing. I only know what the prisoner Mary Partridge , who went by the name of Swallwood, told me; which was, that she went out on a Sunday, and took a watch from a foreigner; and that it was near the corner of Gray's-inn-lane; there were a stand of coaches near; and she took the watch from the man's waistcoat pocket, and ran by the coaches; and a lad that was standing by the man at the time, followed her, and asked her if she had done any thing? and she said, no, she had not, for she could get nothing of him: then she said she had a few halfpence in her pocket, and treated the lad, and came home with the watch: she told me it was a silver watch, gold hands, steel chain, and metal seal: she said the gentleman was making water at the time: I have known the prisoner Mary Partridge eleven months: I lodged with her at a coal-shed: the prisoner Smallwood helped to support her, and came frequently backward and forward as a man living with her: they are not married; but they lived together as man and wife: and she went by the name of Mrs. Smallwood: I know Smallwood was not out of doors: I will take my oath of that: it was the day after Christmas Day: he laid on the bed when she came in: they have been parted some time: but he has had another lodging some time.

Mr. Knapp. You have had an accident with your eye, I perceive? - The night after I came from the sessions, two young fellows came behind me, and said, that is she that is against Smallwood; and they knocked me down on one side and on the other.

Is a chairwoman the only business that you follow? - Why, Sir, I take in washing.

Nothing else? - No, Sir.

How long have you known Partridge? - Eleven months.

You have lived on very good terms with her? - Yes, at times

When did you last quarrel? - The words between she and I were nothing particular.

But how long ago was it that you had any words? - Oh, we had no words since this affair happened.

How long before? - It may be nine months ago.

Were not there some other words between you? - No.

Have you never said you would do her the first opportunity, or something like that? - No, never in my life.

Not to Smallwood have you not said so? - Never in my life: I have heard her say to him, she would do him, but I never did say so in my life.

Every body in the neighbourhood understood them to be man and wife? - Yes, they did, at that time.

At the time this affair happened, did they live together then? - No, Sir; they had parted man and wifeship before that.

How long after that did you say any thing of it? - Never till I went to the watch-house-keeper, and stopped the watch in his hand.

Did you ever say any thing to any body about this but to the watch-house-keeper? - I was not sure he had the watch, till I heard him come home, and say he had left the watch there.

Court to Rumley. The man was discharged for want of prosecution? - Yes.

Did he ever say any thing to you about the watch? - I made him no promise; I do not remember that he said any thing at any time about the watch.

Mr. Knapp. Did not he say where he got it? - I cannot recollect.

Try and recollect? - I will not try, because I know I cannot.

Did not the prisoner Smallwood give you some answer, when you told him you would take him before the Justice? - He did give me some answer, but I cannot tell what.

Did not he say he found it? - He might; I cannot say.


I keep St. Giles's Round-house. The woman, Hannah Harrington , came to me on Sunday, the 1st of January, and asked if there was not a watch left there? I told her there was: she said, do not part with it, for it is a stolen watch: neither of the prisoners were present.

(The watch produced, and deposed to.)

Prisoner Partridge. I leave it entirely to my counsel.


May it please your lordship. The charge which is alledged against me, I am innocent of; and I hope the honourable Court will think so.


I am a carpenter, No. 22, Prince's-row, Mile-end, New Town: I know the prisoner Partridge: I know but little of Smallwood: I only saw him since he has been in confinement.

Do you know Hannah Harrington ? - Yes.

Do you know enough of her, to swear she is not to be believed on her oath? - Upon my oath, by the information I have had of her landlord: my own knowledge is very little of her, because I have not seen her: I know nothing of the woman.

Have you ever seen her since this prisoner was in custody? - No, I have not: yes, I humbly beg God's pardon, and your honour's, I have: I never heard her make use of any expressions relative to the prisoner: I have known Partridge four or five years: I never heard that she wronged a person of any thing.

Court. How did she get her living? - She used to live in service: I have not seen her these three years.


I live at No. 7, Brewer-street. Golden-square: I know the prisoner Smallwood ten years: when he was apprentice: he has been with me nearly two years as a journeyman ; he was at work in February, the morning that he was taken up in the afternoon: the general character he has had is the best of characters: my opinion of him is, I would trust him as I would myself: he was at work this morning: his master I am sure had a good opinion of him, because he used to allow him a shilling a week more than the other boys, for his care and fidelity.

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


I live in Hare-street, Bethnal-green: I am married: I came to say what I have heard Hannah Harrington say: I came for Mary Partridge : I heard Mrs. Harrington say the day before the prisoners were moved from Bridewell here; I was at Harrington's house; and I heard her say that she would be revenged; I went to her house, and I heard her say she would have her revenge; if she had it not in this way, she would in another: I have known Mary Partridge for these seven years; she had always a very good character: I take in washing for my livelihod; and I trusted her with a great deal of property: she is a servant; a housemaid .

Court. When was she last in service? - I have not seen her before these two years.

Where did you hear this Harrington say she would be revenged? - In her own apartment.

Was that in the house where they all lived together? - For any thing I know: I never saw Harrington before in my life.

Upon the oath you have taken, for what purpose did you go to her? - For nothing in particular; I was along with one Mrs. Eagle, an acquaintance of mine, who called to see this Mrs. Harrington.


I keep a cook's shop: I live at No. 11, Flower and Dean-street, Spitalfields; I am a widow; I know the prisoner Partridge: I knew the witness Harrington; I saw her in the house eight days before they were taken: the witness Harrington at three different times; the first time was eight days before they were taken; Partridge was out; Harrington asked me up stairs; she told me that Mary Partridge was locked out; she said something about a watch; and said if that did not do, something else should; I called again about a week after they were taken; she told me she was very sorry for what she had done, but it could not be helped; that she did not mean to hurt her; but, as to him, she would have her revenge; the third time I went with the last witness to see Mrs. Harrington; and she again repeated that she would have her revenge; I saw Harrington give Partridge some money into her hand in gaol.

Hannah Harrington . I never said such a thing as they mention; one of the women has been with me three times, and the other has been with me; I will tell you what they said; I hope to Christ you will not hurt her; says I, as to hurting her, I cannot help what is done; if I am called upon, I must appear; that was all I said; there was not a word of revenge, or any thing of the kind; if I am called, I must appear; I never said any thing about revenge, upon my oath.

Is the evidence you have given true, or is it a fabricated story for the purpose of resentment? - Every thing I have spoken on the earth is true, so help me God Almighty: Mr. Tellick is her brother-in-law, and Lucy Eagle is her sister.

The Jury retired for some time, and returned with a verdict,

M. PARTRIDGE, GUILTY, not privately .

Transported for seven years .


Transported for fourteen years .

Tried by the second Middlesex Jury before Mr. RECORDER.

129. RICHARD GROOMLIDGE was indicted for stealing, on the 19th of January , four pair of horse scissars, value 2 s. the property of Peter Le Clerc .


I live at No. 5, in High-street, St. Giles's . On the 19th of January, I was robbed of four pair of horse scissars; I was in the cellar at work; I know nothing of the transaction.


I am sister to the prosecutor. On the 19th of January, I came to the door with a bunch of greens, about eleven o'clock. The prisoner was on the step of the door, coming out; and I made room for him to pass; I came in, and my brother came out of the cellar, and said, how came the glass open? I said I did not know; I told him; I went after him; I knew the colour of his coat; I overtook him, and collared him; I told him he had stole some scissars; he delivered them to me directly; he gave me no rough usage; he said he was sorry for what he had done; I told him I did not want to hurt him, if I had my property.

Prisoner. I lived with Lord Monson's family, and they are out of town; I have nobody here.

GUILTY, 10 d.

Whipped .

Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

130. HENRY HOWARD and JAMES ISAACS were indicted for stealing, on the 16th day of January last, eight pounds and a quarter of mutton, value 6 s. six pounds and a quarter of beef, value 3 s. 6 d. and three pounds and three quarters of pork, value 2 s. the property of Margaret Turner , spinster .


I am servant to Mrs. Turner, Upper Norton-street, No. 48. On Saturday evening, the 16th of January, my mistress bought some meat; and I put it in the safe; and on the next morning it was gone; the safe is in the yard; the safe-door was open when I got up about eight on the Sunday morning; the butcher's name is Shuttleworth; he sent the meat in on the Saturday; I saw it at the watch-house between twelve and one on the Sunday; I am sure that meat was my mistress's property.

- LOVETT sworn.

(Deposed to the same effect as on the last trial.)

Prisoner Isaacs. Lovett said if we could arise five shillings apiece, he would not appear against us.

Lovett. I deny it.


I am a butcher; I live in Tottenham-court-road. On the 15th of January, Mrs. Turner bought some meat of me; I sent it home by one of my boys; and on the Monday I went to Poland-street, and saw the meat there; I am sure it was the same meat; the leg of mutton had a piece of the flap cut off.

Prisoner Howard. The meat ought to have been weighed.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

131. JOHN BRIAN was indicted for stealing, on the 16th day of February last, one half cwt. of lead, value 6 s. the property of Thomas Siddon .


I am an upholsterer and cabinet-maker , No. 24, Dover-street . On Wednesday, the 16th of this month, I stopped the prisoner in Dover-street, about a quarter past nine; he had a bundle under his arm; I asked him where he was going; I knew him; he said, to the washerwoman's with foul linen; I laid hold of the bundle, and found it weighty; and I desired him to come back with me; he accordingly came back to my shop; and he shewed me the half hundred weight wrapped up in his foul shirt; I had him taken into custody; the prisoner is my servant as a porter; he has lived with me about seven months; it was about twenty yards from my own door, where I stopped him; the weight was in my shop: (the weight produced): I had no other lead weight but this; the prisoner acknowledged the fact as soon as he came into the shop; I had made no promises or threats; I had lost things before, and I was determined to watch.

Mr. Knowlys. You swear to it by a hole? - Yes.

Do not you know that this man had taken this weight to throw with another person for a bet? - No.

You had a good character with him? - Yes.

What is the value of the weight? - I have valued it at six shillings; I never doubted his honesty before.


I did not tell my master I stole it.

The prisoner called Martin Hearne , who had known him a twelvemonth, and gave him a very good character; and said he had heard that the prisoner said a bet of aguinea, to throw a half hundred weight with another person.


Whipped .

Recommended by the prosecutor .

Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

132. RICHARD PALMER was indicted for stealing, on the 2d day of February last, one pair of shoes, value 2 s. a pair of plated buckles, value 6 d. a knife, value 1 d. a hat, value 1 s. four keys, value 1 s. and three shillings and six-pence in monies , the property of Thomas Motherly .


I am servant to the Duke of Northumberland. I went out on the 2d of February, with one of our chairmen, to get a pot of beer, about three in the afternoon, to the sign of the Ship, below Charing Cross; we got a little tossicated with liquor; I lost my hat and shoes and buckles, coming from Spring-Gardens ; I cannot tell whether I fell down or lay down, or was knocked down; I cannot say how I was robbed; it was about half past eight at night; I swore to one of my keys.


I take in washing, and go out to work; I live in White-lion-street, Seven-Dials; I was going towards Spring-Gardens; I saw the prisoner, and asked him what he was doing to this man; and he said one Jack left him with him, and gave him a glass of gin; I went to Northumberland-House, and brought one of the footmen, and he did not know him in the condition he was in; I suspected the prisoner, and I turned back, and saw him take off his shoes, and run round the corner; I never saw the prisoner before.

How long was this transacting? - There was a light in the shop, and I looked at him very hard, and he looked at me; I am sure he is the man; I saw him about ten minutes after: I told a patrole, and he ran after him and took him at the Horse Guards; and he knocked the patrole down; and he ran as far as York House, and there he was stopped and secured; I did not see him searched.

Was there any person with this man beside? - No.


I am a patrole. The last witness told me a man was robbed in Spring Gardens, and gave me a description of the prisoner; I pursued him, and overtook him at the Horse Guards; I saw something under his arm; I asked him if he had any shoes? then he gave me a blow, and made off; I called after him; I ran, and a person kicked his heels up; I found a key and a knife in his pocket; there was nothing else that the prosecutor knew.

(The knife and key produced.)

Prosecutor. I can swear to the key, but not to the knife; I had such a knife.


I heard the cry of stop thief! and I tripped up the prisoner's heels; and going along, he said he could lick a dozen of us.


I came off guard at twelve, and went out with a friend; and I was coming home, and I found a key and a knife; and this man came up to me, and asked me if I had got a pair of shoes? and I said I had not, and I struck him.

Serjeant Mayne gave the prisoner a very good character, and said he was a good soldier .


Transported for seven years .

Tried by the first Middlesex Jury before Mr. COMMON SERJEANT.

133. TIMOTHY COLLINS and ROBERT CORDEROY were indicted for feloniously stealing, on the 8th of February , a wooden till, value 6 d. two silver tea spoons, value 2 s. one silver pap spoon, value 2 s. one table spoon, value 4 s. one gold seal, value 2 s. one gold watch hook, value 12 d. one shilling in money, four and sixpence in halfpence, three hundred and fifty-two farthings, and twelve bad halfpence , the goods and property of John Beckman .


I am wife of John Beckman . I lost all the things from the bar, in a till. I keep the Bull's Head, in Crown-street . I went down stairs, and in the mean time the till was taken away, between nine and ten.

When you left the till was it locked? - I cannot tell. I went into the tap room.

Was the lock broke? - No. The till was a drawer fixed to a shelf. When I came again the drawer was entirely gone, and the whole in the till; these things were missed on the 8th of February, on a Tuesday, in the evening.

Were either of the prisoners servants of yours? - Neither of them. they were in my house that night before I lost my property and after too.

Did you leave them in your bar when you went up stairs? - No; in the room.

Near the bar? - I do not know.

Did your bar communicate with any other room where the prisoners might be? it is separated from the public room? - Yes; it is in the passage.

What room were the prisoners in the day you lost your property? - In the tap room.

Do you know whether they were in the tap room when you went down stairs? - No; but they were in that room afterwards; and they were in the house afterwards.


I am a constable. I found the two prisoners about half an hour after the robbery in this house, last Tuesday was a week; I put them both in the watch house: I went the next morning and found all the property in Timothy's box: I searched them both, and took the key from Timothy: they told me where they lodged together; and I went the next morning and opened his chest; they each had a key, which I took from them: the next morning, between nine and ten, I went to the lodgings, and searched the box, and found these things in Timothy Collins 's box; I found nothing in the other; I found these two rings, four silver spoons, a gold seal, and watch string, &c. I took them away, and brought them to the justice's, and have had them in my possession ever since: before the justice the prosecutrix swore them to be her property.


I am a lamp-lighter. I was in this public-house; and these two prisoners were in at the same time, and had been an hour or two before: when the alarm was given about this money, the prisoners were gone for about ten minutes or a quarter of an hour; I took notice of their both going towards the bar; I thought he wanted to pay his reckoning: before that he wanted to quarrel with me, upon an old grudge; I believe we had been out together and had a pint of beer, and I would pay for it, and I thought he took a huff at it. When Mrs. Beckman found the till gone she came into the tap room, and said, her till was gone, and asked if any one had played tricks with it, as she had lost her till, and all that was in it together: in about five or ten minutes the prisoners came in with some sausages for their supper; immediately the landlady charged them on suspicion: on searching them at the watch-house we found the keys. The constable charged me to assist him.


I am a lamp-lighter. I know no more than the other witness. They did not quarrel with me.

(The things deposed to.)


I was going out to get something for supper, and found these things tied up in an handkerchief, at the door: I took them home and put them into my chest.

Court. I shall not put Corderoy on his defence.

The prisoner Collins called four witnesses, as also the prosecutrix and John Chard , who said that he was somewhat in liquor.


Whipt and imprisoned six months .


Tried by the first Middlesex Jury before Mr. RECORDER.

134. WILLIAM BENNET was indicted for feloniously stealing, on the 12th of February , nine feet of wall wainscot, value 3 s. the goods and chattels of William Rolfe .


I am a builder . I only know that the property stated is mine: I did not see him take it; I saw it in one of the houses in Tabernacle New Road , three or four hours before it was stolen, which was on Saturday last.

- WINGARTH sworn.

I am a carpenter. As I was coming from the pay table Saturday week past, between seven and eight in the evening, I heard a great noise in one of the buildings belonging to my master; I stepped up and saw this bit of wainscot leaning out of the passage, half way in and half way out, with a rope round it; I heard a great noise as if it was cracking of wood; I walked backward and forward, and waited till the prisoner came out, which after a little bit he did, and took this bit of wainscot, and moved it from the door; I directly ran up to him and took it from his arms, and called a man to assist me, and took him down to the pay table; I then put it in the cellar, and when we came back again we put it in another house, and locked it up: I am sure it is the same piece; I have not the least doubt: I gave it to the constable on the next Tuesday afternoon, and it has been in his care ever since: the constable's name is Michael Wayman .

Was that wainscot fixed up? - I believe it was pulled down before.

Prisoner. Where did you light of me? - I watched him out of the house, and took him with the wainscot: I saw a great deal broken up which is not mentioned in the indictment, all ready to take off, in the passage; but I took him with this in his arms.

What occasion had that door to be open at that time? - I cannot say any thing about that.


I know no more than taking the prisoner into custody at Mr. Rolfe's, and that I have had the wainscot in my possession, brought me by Wingarth.

(The wainscot deposed to.)


I was coming by the building and saw the door open, and being much distressed I went in to see for a bit of old wood to put under my arm, and I saw this, and I took what I could get.


Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

135. GEORGE SMITH alias RICHARD HANNIBALL and ANGELICA BAZEN were indicted for stealing, on the 23d of December last, a feather bed, value 20 s. a pair of sheets, value 4 s. a linen and cotton counterpane, value 2 s. a lookingglass, value 2 s. a wooden chest, value 5 s. a pillow case, value 6 d. one iron candlestick, value 3 d. the property of Ann Bibb , in a lodging room let by her to the said George Smith otherwise Richard Hanniball , enjoyed by him and the said Angelica Bazen , his pretended wife, in the lodging aforesaid.

ANN BIBB sworn.

I am a widow . I live in Vine-street . I keep a house there. The prisoner, George Smith , came to me, and asked me for a lodging; on Wednesday, the 17th of November last, he came to my house: I had a bill on the window: I shewed him the lodging, and went up stairs with him: he asked if he could bring his wife that night: it was a furnished room, up two pair of stairs forward: we agreed about the lodgings in the room: I told him, he might come in that night: we agreed for six shillings a week; and he desired me to light him a fire, and get him a candle, and some wood, which I did; he gave me one shilling earnest, till he came back; and between ten and eleven he brought a woman (as I expected to be his wife): he took the lodgings for him and his wife; then he paid me for the wood and coals: they did not live with me a week; my rent was to be paid weekly, and was due the 24th: the furniture consisted of a good feather bed, two sheets, two blankets, a counterpane, furniture to the bed, three chairs imitating mahogany, with horse-hair bottoms, a dressing glass, two tables, and a chest, sufficient fire irons, a tea kettle, and crockery-ware necessary for their use: the chest was of more value to me than my bed, because I respected it; but it was worth half a guinea: the prisoners went away on the 23d, at night, and did not return; and in the evening of the 24th I went into the apartment with my son; I got a key which unlocked the door; when I went in I was so frightened I shrieked out, and the neighbours came in: I missed my feather bed, a pair of sheets, a counterpane, (it was patch-work, made of cotton, cost three shillings and sixpence) a pillow-case, a dresssing-glass, a chest, and an iron candlestick; these were for their use in the lodging; they were all in the room when the prisoner took possession of it; I never saw any of the property, and I do not know how it went, only what they said and wrote; I went to the Rotation-office on the 25th of November, and got a warrant, and took an officer with me.

Had you frequent opportunities of observing him during the short week he lived with you, so as to know him again? - Every day he came into my own apartment; I have no doubt of the prisoner.

Was there any key belonging to your house, that you know of, that would open that door in which the black man lodged? - Not to my knowledge; I did not know before my son told me that there was any key in the house; the prisoner said she was a lady's maid out of place, and would go to service again, and also a mantua-maker, and he desired me to help her to work, and she was not with him when the lodgings was hired: the prisoner offered to pay me for every thing that was lost, the last time he was before the magistrate, Justice Walker, which was the beginning of February; the prisoner said he would give me a note to go and get a guinea, the next day, towards my loss; I did not agree to it: the prisoner was most commonly at home all day, and went out in the evening; in bed all day; he said he was a hair-dresser.

Prisoner. She said if I would give her a guinea, she would not prosecute me? - Never, upon my oath.


I attend the Rotation-office in Litchfield-street, I had a warrant against the prisoner Smith, dated 25th November: on the 20th of January I was informed he was in the Dry-rooom at the Parade; I could not meet with him before; the Duke of York ordered the prisoner to be delivered up to us; I brought him to Justice Read's. He played the cymbals in the regiment.

Court. Was what he said before the magistrate taken down in writing? - I do notknow, his clerk was writing at the time, I could not find any thing, I went to Mrs. Sharrard's in Bowl-yard.

Prisoner Smith. At the time I was taken they were offered some money not to touch me till I was flogged, so the Duke of York gave them some money that I might be punished first, and then they were to take me; I was first punished, and then turned over to them; they got five guineas as far as I understand, for not taking me.

Had you five guineas? - No, not a farthing, I only had a shilling for executing the warrant.


I am a constable for the county; I had a warrant against the prisoner by the name of Richard Hannibal , dated the 28th of October, on another complaint; I apprehended him the Monday before the 20th of January; the officers of the regiment were then holding a court martial over him; he was taken to the Savoy, and on Wednesday the 20th of January I went to the Parade, and the Duke of York was on the Parade; I told the Duke I had a warrant against the prisoner, and he sent a serjeant with me to the dry room; he was delivered up to us, and we took him to Poland-street; he was committed for further examination: he was brought up again on the 22d of January, when the several prosecutors appeared; Mrs. Bibb appeared and swore to him, and to the woman who was in custody; he told me that the things that were taken from Mrs. Bibb were sold; that was in the coach going down to the prison; I made him no promise, but the contrary, nothing better or worse; I said to him, what the devil could you do with these things, to take away so many as you have done? he said it did not signify, they were all sold out and out.

Court. Then I understand you, your question was a general one, and not particularly applied to Mrs. Bibb? - Not particularly.

Prisoner Smith. Please to ask him if he did not clap his hand upon my shoulder, while I stood in the Orderly-room, and would not take me prisoner? - Yes, because there was a serjeant, a corporal, and two more men about him, and it was the Duke's desire.

Then I understand you, you took him to be a military prisoner, already in the Orderly-room? - Yes.

Had not you any quarrel about the money? - No, my Lord, I have not even had the payment for the warrant.

Prisoner Smith. I have nothing further to say.



Transported for seven years .


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

136. JOHN MASSEY was indicted for stealing, on the 28th of January , a cloth great coat, value 20 s. a kersimere waistcoat, value 8 s. and a pair of kersimere breeches, value 1 s. a man's hat, value 1 s. the property of John Fox .

JOHN FOX sworn.

I have the pleasure of living waiter at Mr. Spencer's, Garrick's Head, Bow-street, Covent-Garden ; about a fortnight before the the 28th of January last, I hired the prisoner as an under-waiter , to serve Mr. Spencer; on the Sunday following I missed my property; he was with us a fortnight or more, I lost all the articles in the indictment out of my lodging-room, they lay on a table, the hat was in a box; I saw my great coat, hat, and a pair of breeches, at Mr. Lane's, pawnbroker, in Drury-lane; one of his servants are here; the prisoner confessed partly in Bow-street; I made no kind of promise whatever, I made no kind of agreement with any one.

Mr. Beth, Prisoner's Counsel. Did yousend your master on this errand? - No, he went.

Did you desire your master to make any demand of these people for money, not to prosecute them? - No, Sir, not to prosecute him.

Did you agree to sell the boy a coat? - Yes, not that coat, the coat is at home.

When the boy went up stairs, was it dark do you think? - Two boys lodged in the same room with me, two under-waiters, he was one at the time.

Is there not a bed and table in that room? - Yes.

Do not you know there were other clothes laying there; were not all the clothes laying together on the table? - I know nothing of their clothes.

Might not the boy take these clothes for his own? - I cannot say whether he took them in the dark or light.

Did not you know that the boy's clothes were in that room? - Undoubtedly what clothes he had.

Do you know one Finchman? - I believe I do.

Do you know the prisoner's father? - I do.

Did you offer to take any money in order to discharge the boy? - No, I did not.

Was there no dispute between you when he went away? - No.

Did not you threaten to turn the boy away? - I told him several days before, that if he was not more careful not to make mistakes, we must turn him away.

Do you suppose he took away your clothes intentionally? - I believe it.

Court. After this boy was turned away and paid his wages, how soon did you miss the things? - He went away without notice to any one in the house, on Friday the 28th of January, in the evening; I missed my things on the Sunday; I saw him on the Monday following.

Mr. Beth. Did you call on the father after you missed the boy? - I did.

Did the father take you to the pawnbroker's where they were? - Yes, he did, straight to the pawnbroker, which I do not think had a good appearance.

There was no offer made by the father to you of any sum of money? - No; the father said if I would take two shillings a week, he would pay it, if I would not prosecute him; I would not make him any kind of promise.


I am servant to Mr. Lane, a pawnbroker in Drury-lane, I have known the prisoner three or four years, he has pawned several things at my house; I have the coat and hat which he pledged the 28th of January, the breeches he pledged before, he had sixteen shillings on the coat, and six shillings on the hat; I gave him a duplicate of them on Friday evening about five; the breeches he pawned another day.


I am a pawnbroker, I have a waistcoat pawned by the prisoner; I knew him, he pawned it in the name of Massey; I have no doubt of him.


I have known the prisoner from an infant, I was present at a conversation with the prosecutor Mr. Fox.

What passed between you? - The first time I had the pleasure of seeing Mr. Fox, there was the father, me, and Mr. Welchman in the public-house; he said he would be cast for death; I said I hoped not, so I hoped he would be favourable in the indictment; he said if any of us would lay down six pounds, he would take care not to go to that length, but he would favour us; that was our conversation on that day: on Sunday morning I went over to Mr. Spencer's house, where Mr. Fox lived, and was talking to Mr. Fox about it, and Mr. Fox recommended me to speak to them to lay down the money, that he might not prosecute him, that was the meaning of it; I understood from Mr. Fox that Mr. Spencer was to receive the money, and he wouldbe answerable he should not hurt him; these were the very words; on the Monday morning following I saw Mr. Fox over at the Ship again, with the father and Mr. Welchman; Mr. Fox said, if we would lay down any sum, (he would not stipulate any sum) and give our joint notes for the remainder, he would not hurt the lad; the lad was in prison then, and before the first conversation; I have known the father eighteen years, and the child ever since, when he was apprentice to a taylor; I shall have no objection to take him now, if he is acquitted.

Mr. Beth. Did not you hear Mr. Fox say the boy would be hanged? - I heard him say if the boy was hanged, the money should be returned; but he said he would give his own note in writing that the boy should not be hurt.

Court to Mr. Fox. You have sworn in direct and plain terms; it was put to you, whether the father made to you an offer of any terms, and whether you accepted any terms? is what this man has sworn, true or false; he has sworn, that you, in express terms said, if any body laid down six guineas, you would favour him; is that true? - I made no agreement with him myself.

Is it or is it not true, in plain terms, what this man has said; he has sworn that you said, if any body would lay down six guineas, you would save him, and he should not be hurt; is all this true, or is it false; you denied every thing like it before? - Yes, what I said was concerning my master.

Did any conversation pass between you and the father respecting favour, and whether the father offered you six pounds, or whether you would accept it? - He was to make up the loss of my clothes which were sold in Monmouth-street.

Was there ever any conversation about the prosecuting of this boy between you, and the father? - I told the father if I could only have my property, that I would not lay the indictment so as to hurt him, I would put it under forty shillings.

Was that all that passed? - That was all, and that he would make up my loss, provided I would put the indictment under forty shillings, and the things that were sold out and out, was the money that he said he would pay me, that I shold be no loser.

How came you to tell me befoore (you swore it in plain terms,) that there was no offer made by the father; was there any offer not to prosecute? - No, not to prosecute, it never was mentioned, only to recover my loss back: the things that were sold, that are not to be found; the father said if I would not lay the indictment so as to hurt him, meaning to hang him, he would get friends to make up the remainder of my property; I told him I could make no kind of promise.

I want to know again, whether what this man has sworn, is or is not true; he has sworn that you said, that if any body laid down six pounds, you would not hurt him; is that true or false? - That is false, it must be; I made no kind of agreement, nor mentioned none; I said that my loss was ten pounds, and that I thought the things that were in pawn were not worth more than four pounds; I did not mention any sum, my master mentioned the six pounds; I promised the father to put the indictment under forty shillings, that was all, and the father never came to bring the money, therefore I did it voluntarily.

Court to Finchman. Was this promise, that if any body would lay down six pounds, he would favour him, or was any thing mentioned as to forty shillings; - No, Sir, nothing about forty shillings; he said he would not take his life; nothing was mentioned about forty shillings.

Did you understand that he would favour his life, or not prosecute him at all? - I understood by his saying, he would not hurt him.


I know the prisoner and his father; he said if he would make good the loss, he would favour him.

Did Mr. Fox say that he would not prosecute him, or save his life? - He said hewould favour him, he would not hurt him.

Mr. Beth. Was you present at any other meeting than that? - I was, it was on the same story; he there said before John Finchman , and Mr. Massey, and me, that if we put down part of the money, he would favour the boy, and if the boy was hanged, he would return the money; I heard Mr. Fox say, to-day in the public-house, if we had paid the money, this would not have happened, for him to have so much trouble; there were several people present, all strangers; the prisoner always bore a good character.


I know the prisoner, and I know the prosecutor, but I never saw him before I came to the Old Bailey.

Have you been in company with him any where? - Never; I know the prisoner for one year; I never heard he was of a bad character; I never was at any meeting with Fox.


I know Mr. Fox the prosecutor.

What passed between you and him in the presence of Mr. Welchman and Mr. Finchman? - I heard a great rumour all over the parish, that he would insist on having the boy's life; I did not understand the nature of the law, and being a poor man, I got them to speak to him; we sent for Fox to the ship; he told us then absolutely, says he, Mr. Massey, it does not signify your begging the boy's life, for I must hang him; her sixteenth child was then at the breast: when he saw her in tears, and me the same, he said, if you will give me six pounds, I will save the boy's life, and if he is hanged, I will return the money to you; this I can go to death upon before God and the world.

Had you any meeting lately, where he insisted on the money? - He agreed with us the same time, to meet that night at six in the evening, on Friday evening was a week; he said he could not come till Sunday; he did not come: Mr. Finchman went to him then on the Sunday evening: I met Fox on the Sunday morning; he told us then, if we would lay down any of the money, he would save the boy's life; I told him I was a poor man, I could not lay down any money; he said if Finchman and Welchman would lay down any money, he would do his pleasure, and nothing should be amiss: he did not mention the boy's life then; but he should not be hurt; leave it to him, and he would take care of all; I am sure he said he should not be hurt; I understood by what he said, that he would insist on having his life, and he should get a Tyburn ticket; he made use of the expression that he should not be hurt: that was on Tuesday morning: I do not remember he mentioned his life on Tuesday, but several times on the Thursday.

Did Mr. Fox call on you, to let you know that the boy had left his service? - Yes, he did call on me first, and said that the boy had been gone away for an hour: Fox came to me; the first word he said, he never saw me before, says he, are you Mr. Massey? I said yes; says he, I am informed your son is gone away, and taken some of my things; he said he had left his own things, and he missed some of his own things; says I, I hope he has not taken them; he asked me then, if I would be agreeable to take them out of pawn; I told him I would go with him to all the pawnbrokers, and search if they were in pawn, and do any thing else to get them; I went with him to several pawnbrokers, and described the boy, and he was with me personally, and we found all the things.

The Jury retired for sone time, and returned with a verdict,


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

137. RICHARD SUTTON was indicted for feloniously stealing, on the 4th of February , one hundred and twenty pieces of copper money, called halfpence, value 5 s. the monies of Francis Cooke .


I am clerk to Mr. Thomas Kendall , of Shadwell , coal-merchant; on Friday the 4th instant, about ten minutes before nine o'clock, sitting in my compting-house, and my fire going low, I stept to an adjacent warehouse, in order to bring a coal in for my fire, which I did; and coming in again, I found this man at my desk; I askt him what business he had there; he made no reply, but came and asked me the price of coals: you do not appear to want coals, you must be a very great thief; with that he said it was time for him to go, and he attempted to go; and I looked immediately into my desk, and found a five shilling paper of halfpence gone; I went out and called out stop thief, and in the course of a few minutes he was taken with the paper on him.

Prisoner. What business had you to come up to me at the Lock-up-room; you spoke to me seriously at first; afterwards you began in a storming manner, and said that you would prosecute me, and that you might swear to me at the Justice's? - I swore to him at the Justice's.

The second time you swore to a particular halfpenny; the first time I was only committed on supicion? - I swore to the money the first time, and he was committed on suspicion.

Court. After he had left you, did you go back to the compting-house to see what was missing? - I was instantaneously upon him; there was only that one paper of halfpence there, besides some loose ones, so that he could not take any more; when I saw him, he was at the desk, and the door of the desk was open.

Prisoner. How long was you out of the compting-house before you returned into it again, at the time you say you catched my hand? - About one minute.

How long was you out of the compting-house, when you say you pursued me in the street? - I think about two minutes.

Could you have sworn to me that I was the person before you saw me at the lock-up-room? - I could swear to him from seeing him in the compting-house.


I pursued the prisoner, and catched him in Cock-hill; Mr. Cook pointed him out to me, and I followed him; I lost sight of him at the top of Shadwell-market, but I got sight of him again in the space of ten minutes; he came up the steps, somebody said, there is the man running along; I pursued him, and followed him, and took him; I lost sight of him no more, I am positively sure that that is the same man I had seen before.

Where did you take him? - Just on the other side of Goodman's-fields; I delivered him to Mr. Underwood.

Did you stay to see him examined? - I did; he was carried to the Virginia Planter and examined, and five shillings worth of halfpence found upon him.

Where were they found? - They were found in his right coat-pocket.

Was there any mark on the paper? - None that I saw; it was a brown paper, and the halfpence were delivered to Underwood.

Prisoner. You cannot positively say that I am the same man that your master told you of at first? - You are.

How far distant do you think I was from you at first? - Not a yard.

You was behind me, and ran after me, and yet you knew me to be the same man, as soon as you saw me on Ratcliffe-highway? - Yes, I did.

My back then was to you, how could you tell? you could only see my coat; another man might have the same coat? - I am sure it is the same man.


I took these halfpence out of the prisoner's pocket, at the Virginia Planter, and thenkept them till the last hearing, sealed up as they are now, when I gave them to Mr. Cooke.

(The money deposed to, particularly one halfpenny, by Mr. Cooke, being almost square.)

Court. How many yards might you run after him? - About eleven yards.


I am a porter to a company of hemp and flax-dressers at Limehouse; as I walked along, I heard the cry of stop thief, and saw the prisoner before the person that cried out, about one hundred and fifty yards: I stopt him; when I stopt him, he laughed and said, you have got the wrong person; he stopt very quietly at first, and afterwards tried to trip up my heels, and after that struck me in the face; he did not knock me down; he was carried to the Virginia Planter .

Prisoner. Mr. Cooke has sworn that the paper of halfpence that was taken out of his desk was packed up; ask Underwood in what position they were taken out of my pocket? - They were loose.

Court. Was any paper found about him at all? - This paper (the paper produced) was found in his pocket.

Court to Mr. Cooke. Do you believe that to be the paper in which they were? - Yes, I do.


The halfpence, when Mr. Underwood got them from me, were tied up in my handkerchief, tied up in four knots. Mr. Underwood can swear it if he will: you see how the case is; Mr. Cooke will swear any thing to convict me. These halfpence I received from a shopmate of mine in a public-house; those halfpence were in my pocket handkerchief tied up as they are now; in the street I was used in a merciless manner; if I had not been beaten by them, I had not struck them at all.

GUILTY , aged 38.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

The Recorder, on account of his crime being aggravated by the resistance he made, pronounced sentence immediately after conviction: when the prisoner thus addressed the Court;

"My Lord, I have yet one favour, and

"that is, that I may be sent out of London

"as soon as possible."

Court. I believe you may be soon, as there is a ship getting ready to go out.

138. JAMES ISAACS and HENRY HOWARD were indicted for feloniously stealing, on the 15th of January , seven pounds weight of mutton, value 3 s. three pounds weight of spare-rib of pork, value 18 d. and six pounds weight of chine of pork, value 3 s. the goods of Sarah Sophia Walter , Spinster .

(The case opened by Mr Knowlys.)


I am a single lady, I live in Upper Norman-street , I keep a house, I am not the first person who saw the loss; I saw the meat in the safe on Saturday night.


I am servant to Mrs. Walter, No. 47, Upper Norman-street, I was the person who put it into the safe the last thing the night before; I hung up a leg of mutton at eleven o'clock on the night (being Saturday night) preceding the loss, and a spare-rib of pork, and a part of a chine of pork; on Sunday morning I missed them while I was unfastening the stair-case window, about eight o'clock in the morning; I immediately went into the yard, and saw the safe door open, and that it was stript of all its contents; perceiving this, I went up stairs and told my mistress.

Did you see the prisoners afterwards? - Not at all till they were taken, and I saw them at the Justice's; I heard they were taken on Sunday, but did not go to the office till Tuesday, as they were not examined before.

Court. Where was the safe placed? - In the yard.

Before or behind the house? - Behind the house.

How can persons get to that yard? - They get over the wall.

What does it communicate to? - It goes over to the rest of the yards, and communicates to Hopcraft's Garden, and is a pretty large yard.


I am a watchman; on the morning of the 16th of January, I was at the corner of Berwick-court, Nassau-street, a great way from Norman-street, between two and three that morning, I saw the prisoners pass by, one (Howard) having a piece of meat under his right arm.

Were they both together? - They were both together, and came in company together down the street; I stopt in the middle of the street, and put my stick before them, and asked them what they had got there; they said nothing but a piece of meat; with that I passed, and let them pass; with that another man (Lovett) followed them up to where they lodged, and sent up for me to bring a light; in consequence of which we entered the premises, and found all the property in the premises; we found two legs of mutton, and a spare rib of pork, and part of a chine; they told me that they bought it at Islington; of a man that had a cart. Lovett asked him why they bought so much; they said that when people have a little money to lay out, people have a right to lay it out to the best advantage; when going along, they said they found it on a dunghill near Hanover-square.

Do you know whether the other man, at the time you passed him, had any thing on him or no? - I cannot positively swear, Lovet can tell more than me.

Are you sure they are the two men? - I am, I knew them before.

Do you know whether one or both had bundles? - I cannot positively swear to Isaacs, because my principal object was to Howard; I am positively sure that Howard had one.

How soon was it afterwards you went to the lodgings? - In a very few minutes; I dare say the lodgings was not above fifty yards to where I stopped them: it is Howard's lodgings; whether the other lodged there, I cannot tell.


I am an officer at Mr. Read's office in Poland-street; I had an information, and saw these two men pass, and asked Howard what he had got there; he said meat for his Sunday's dinner; in about two minutes after, Isaacs came past, he had some meat in a bundle; I went down after them into a kitchen in Gay's-court, and took one Davis with me; in going down to the kitchen, I desired him to call the watch to me, who came, and we found part of the meat on the table, and part thrown into a large box.

How did you get the box unlocked? - I asked for the key, and Howard gave it me.

Prisoner. I unlocked the box myself.

(The meat produced and deposed to.)


I saw the meat; I can swear to the pork.

Court to Lovett. Are you sure these two men were in company with each other, and that Isaacs had some meat in a bag? - I am sure, I followed them both, and never lost sight of them.

What time of night was it? - Between two and three.


On Saturday night, after Isaacs and I were both paid, as we both work for one master, we went to buy a pair of shoes; going along, we saw something lay in the street; it was such a thing as they put butter in; I took it up, but them men never saw me, my Lord, any more than you do now; they never saw me any more than a child unborn.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

139. DANIEL HOPKINS was indicted for stealing, on the 8th of October last, one wooden trunk covered with sealskin, value 20 s. one thousand three hundred and sixteen prints, value 822 l. 3 s. fifty-nine drawings of Dutch and Flemish masters, value 117 l. two hundred and thirty-two fans, value 263 l. nine hundred and thirty-seven fan mounts, value 100 l. the property of Anthony Poggi .

(The case was opened by Mr. Knowlys.)

(The witnesses examined separate.)


My Lord, I am an artist and publisher of prints from others as well as my own works: intending to set off for Holland, I made a collection of prints, to make my journey more profitable; and having all ready on the 8th of October last, that very night I was going to set off, I meant to take two trunks and a small imperial, with me in all, which were conveyed from my house in a cart altogether, about sun-set that same day; I am not very certain as to the particular time, but I know I dined that day after five o'clock, because I would see that business done first, those trunks packed up and sent off. The cart went with them from my house, No. 7, St. George's-row, Bayswater, close to the Chapel, through Oxford Turnpike; I sent one of my people, Mr. Frederick Morant , with the cart, and consigned the large trunk and the imperial to Mess. Collins and Clerson, by Exeter Change, to ship for Rotterdam.

Did all the three boxes contain prints? - Not all, the greatest trunk contained the greatest part; the whole, which is mentioned in the indictment, I lost with the great trunk, except a few prints in the imperial, with two large coloured prints in stretching frames; there is not a single article mentioned in the indictment, but what was in the trunk that was missed; namely, thirteen hundred prints more or less; there were seventy-one or seventy-three dozen and an half fan mounts engraven, many of which were printed in colours, packed up in either two or threee portfolios, which were in the trunk; fifty-nine original drawings, of Dutch and Flemish masters, also in a portfolio.

Of what colour were the portfolios? - They were of blue marble colour, except one or two of a white ground colour, with dark and red spots? there were five portfolios in the trunk in all.

Mr. Schoen. You say that on this day all the prints mentioned in the indictment were put into the great trunk; do you mean to say that you yourself put them in? - I was there and assisted.

Court. Do you mean that all those prints were put into the great trunk? - I do.

What did you mean by saying, except a few? - There were two or three articles in small black frames with convex glasses, that I took out, and put into my travelling trunk, to present them, with the prints of the Orange family, to the Prince of Orange.

Mr. Schoen. You said just now, that these things were put into the trunk; do you mean to say that you speak this by a written document, or by recollection? - I speak of it by the remarks then made.

Then I understand you have not a clear memory of the transaction itself, but by referring to your remarks? - They were too numerous for me to keep in my memory.

Where is Mr. Morant, who assisted you in putting them in? - He was in court with me, and withdrew with the other witnesses.

You know nothing further then of the transaction yourself? - No.

Mr. Knowlys. Did you form these catalogues of the articles at the time they were put into the trunk? - They were done on separate papers, and I have copies of them here.

Did you copy them yourself? - No.

Mr. Schoen. Then that is no evidence.

Mr. Knowlys. Mr. Poggi says this, that first of all he put these articles down on separate papers, and afterwards had them copied together: Now I would ask this question, whether this catalogue of the whole was put together at the same time?

Mr. Schoen. The first paper is the real evidence.

Mr. Knowlys. Mr. Poggi, were these separate pieces reduced to one catalogue the same day? - No, they were not; we had not the time.

Are those papers in existence? - There may be some lost; I believe I have many in my pocket, together with the original bills of parcels.

Who made them? - Some were made by me, some by Morant; but Morant copied them all.


Mr. Knowlys. Was you in Mr. Poggi's house and service on the 8th of October last? - I was.

In what way was you assisting him in his service? - In retouching his prints.

Was you employed by him on the 8th of October, in packing up for Mr. Poggi, to prepare for his journey? - I was for three days before; I wrote the greatest part of his investment.

How many trunks were put into the cart? - Two trunks and an imperial.

Where were they to be conveyed to? - To Mess. Clerson and Collins in the Strand; there was one large trunk which contained prints and drawings, I assisted in packing them up.

Besides drawings and prints, was there any thing else? - I fancy not; they were packed up some in rolls, some in portfolios, and some loose, at the bottom of the trunk; I do not recollect there was any thing else.

Have you seen the articles in the indictment? - Yes, I am certain all these things were in that large trunk; I went with the cart strait down Oxford-street; the trunks were secured by a cord; I left the cart for about two minutes or more, the corner of Newman-street, Oxford-road ; I got sight of it again in Gerard-street , the cart was coming down Nassau-street, the cart went to Collins and Clerson's house in the Strand; upon asking the porter to assist me there, I missed the trunk: it was fastened by a strong rope, but I found it cut in half, and the large trunk contained prints and drawings, which I can speak to when I see them.

Court. You said nothing about fans? - There were fans put up in separate dozens.

Mr. Schoen to Mr. Morant. You are certain all the articles in this indictment were put into this trunk; I should like to know from what your certainty arises? - On account of making catalogues of the several things I put into the trunks.

Then you speak from the catalogues, and not from positive memory? - Yes, from positive memory also.

It appears to me very extraordinary that you should have a better memory than Mr. Poggi himself? - I am very fond of looking at prints, and therefore I looked at the best part I put in, and so I can speak to a certainty, without referring to the catalogue.

How was this trunk placed in the cart? - The last in the tail of the cart.

With the rope round it? - The rope was not round it, but it went from one end of the cart to the other.

In a way that it might be rubbed? - I fancy not.

Court. The rope was placed across the three trunks? - It was.

Did you assist to put it across? - I did not, but I saw it done.

How high was this trunk when it stood in the cart? - It was a very high one.

What do you mean by very high? - It was a large big trunk; it might be about a yard high.

Mr. Knowlys. Did I hear you correctly, when I heard you say the rope was cut; did it appear at the time to be cut? - I looked at the cord particularly, and found it was cut with a sharp instrument.


I am the carman, who drove these goods from Mr. Poggi's house.

Have you the rope with you that secured the tail of the cart? - I have, it was whole at Mr. Poggi's, and I found it cut when I got to Collins and Clerson's in the Strand,and a trunk was missing which was put in at Mr. Poggi's.

Mr. Schoen. Did it not appear to be wore? - It was a new rope, and it was cut.

(The rope examined by the Court and the Jury, being cut.)

Mr. Schoen. Did you fasten the rope about the tail of the cart yourself? - I did.

This was a pretty heavy trunk that was lost? - It was so heavy, that three of us could with difficulty put it on the cart.


I am a patrol belonging to Bow-street; on the 6th of November, a little before eight, a man of the name of Hayman passed me, between Norfolk street and the Talbot Inn, in the Strand; I had Evan Lewis with me, I passed Hayman with a trunk on his head, and spoke to him, a little this side of the Talbot Inn, and followed him along the Strand; and when he came opposite Catherine-street in the Strand, he went up till we came opposite to Tavistock-street, and turned in with the box on his head; going along, about the middle, I asked him what he had got in the trunk; he went on, and I went on with him, when he threw down the trunk, and refused to go any further; this was about half way down Tavistock-street, about one hundred and fifty yards from Maiden-lane, but the direct road to it; I took him into custody, and my partner secured the trunk; that trunk and its contents are here; I can swear to it.

Was there any direction on the trunk? - There was, but I do not know it.

Do you know whether Hopkins's house was searched after this fact? - I do not.

Do you know Hopkins? - I know him now, but not before.

Mr. Schoen. My worthy friend has asked you, but for what purpose I cannot say, whether Tavistock-street is not the direct road to Maiden-lane; and we all very well know that it is the road to Covent-Garden, to Chandos-street, to Westminster, and to fifty other places, as well as to Maiden-lane? - It is to be sure.


I am one of the patroles belonging to Bow-street; on the 6th of November last, I followed a man of the name of Hayman, with a trunk, a quarter before eight in the evening; we got near to the Talbot Inn, Steward and I were together, when we met a man of the name of Hayman, whom we followed to Catherine-street, and from thence to Tavistock-street, in the middle of which he threw down the trunk, and I secured the trunk, and Steward laid hold of him; we asked him to take up the trunk, and he refused, and we took him into custody; I took the box and man to Bow-street, but it was shut.

Had the box any mark on it? - There was a direction on it, but I did not perceive what it was.

Where was it? - At the bottom of the trunk, there was a card or paper, but I did not see it all.

You did not know Hopkins, or where he lived, before? - I did not.

Did you attend the search at his house? - I did not.

Did you say that you should know the box when you saw it again? - I did, Morant had the care of it, till it went to the office in the morning.

When was it delivered to Morant? - It was delivered to Morant that night, I believe.

Mr. Schoen. You had the care of the box, Steward had the care of the man, and you say that you believe the box was delivered to Morant, but you are not certain? - To the best of my knowledge it was.

But you are not sure of that fact; where did you deliver it to him? - Two or three of us had the care of it.

Where did you leave it? - I left it at the box at the Brown Bear , opposite the office in Bow-street.

When? - At about half past ten.

You do not know in whose hands you left it? - I went down to our captain, HenryCroker, into the Strand, and told him what had happened, and brought him up.

Were there many people in the taproom? - There were some, about five or six.

Mr. Knowlys. In whose ever hands you left that box, you now produce the same you took from Hayman? - It is.

Was the box opened before you? - It was not.

What was the contents of it, then, you cannot tell? - I cannot.


I am one of the officers of Bow-street.

Do you remember on the 6th of November, seeing Lewis and Steward bring in a man of the name of Hayman? - Yes.

Did you see the box brought? - I did.

Court. Do you know the day of the month from your own knowledge? - I am certain it was on a Saturday night.

What became of the box they brought with Hayman? - I have had it in my care at my house.

How was it secured at your house; was it opened? - No.

When was it opened? - The next day, or the day after.

Was it opened before it came before the magistrate? - No, it was not.

Was there any key produced with it? - No, there was not.

Was it unlocked by the magistrate, or broke open? - The lock was picked.

What part of your house did you put it in? - I put it in my bed-room, and I have had it there ever since, and I produce it now.

That box that you produce now, is it the same box that was delivered to you when the men brought in Hayman? - It is, it was delivered to me by Croker, Steward, and Lewis.

Where was it you first saw Lewis and Steward? - At Bow-street.

What part? - I do not know, whether it was at the office, or at the Brown Bear, we were all together, backward and forward; it was delivered to me there, and I carried it home.

On account of this trunk being produced, a search warrant was granted? - No, but a search was made, and I attended.

(The box produced.)

To Lewis and Steward. Is that the box you took from Hayman? - It is.

To Morant. And you have had it in your custody ever since? - I have.

You say a search was made the next morning; do you know Hopkins's house, was it in Maiden-lane? - It was.

What number? - I forget, it is the corner of a court.

Did you know his house at the time the search was made? - I knocked at the door.

Had you known that to be his house before? - I heard say so, but I never was at his house before.

Did you happen to know from the prisoner himself, at any time, whether it was his house or not? - I did not; I did not know till I went to it.

How did you know, when you went to it, it was his house? - Because there were two servants that answered, and in consequence of an inquiry I went to that house as Hopkins's house.

What part did you search? - I searched it from top to bottom; I took a man whom I found in the house, and who gave me an answer, up stairs with me.

Was he the man that opened the door to you at your knocking? - He was, and two women besides; the man said one of them was his wife, but only the man went up; in the dining-room, up one pair of stairs, we found some pictures in frames, some coloured, some not; they are here: some were hanging up above stairs, some below; there were two or three officers of Bow-street with me; there were Croker, and Lavender, the clerk at Bow-street; I turned the carpet up, and saw a small paper parcel, which had four drawings in it, Croker took it up; this was in the one pair front-room, which I call the dining-room.

Was this in the presence of the man whom you took to be Hopkins's servant? - It was; these prints were under the carpet on the floor.

Was the carpet fastened to the ground, or loose? - It was loose.

What led you to take up the carpet? - I saw a good many things about in the gambling way.

Have you got these prints here? - Croker has got them ready to be produced.

There were a man in the house, and two women? - There were two men and two women.

These pictures and frames were hanging up in the dining-room? - Some of them were, and some in the back-parlour, and some in the kitchen.

Do you know who occupies that dining-room? - I understood by the people in the house that it was Hopkins's.

And as to these cuttings, what were they of? - The cuttings of prints or long strips of paper, which laid like waste paper.

Where were they? - They were below, some in a drawer, and some out.

Mr. Knowlys. You knew before this, that Hopkins lived in Maiden-lane? - Yes, but I never was at his house before.

Mr. Knowlys to Lewis. Look at that trunk; is that the trunk you took from Hayman? - It is.

Mr. Schoen to Lewis. This was pretty late at night? - It was.

It was dark? - It was.

You saw no more of the trunk than in carrying it to the place where you took the prisoner Hayman, till you left it on the table at the Brown Bear; now having seen it at that time, and it being a dark night, can you take upon yourself to say that that is the very same trunk? - I do, I took particular notice of it that night.

It seems to me to be a trunk not very easily identified; however, you are certain, although you only saw it the time you took the prisoner Hayman, till you left it on the table at the Brown Bear; what else did you find? - Afterwards we found the cuttings of long prints in framing them, and some frames; we brought the cuttings away that time, but not the frames, till the next day.

Whereabouts did you find them? - We found them in the shop below, which had the appearance of a shop made like a lottery-office; they were in a drawer behind the counter.

Did you find any thing else? - We only made our observations on some gilt frames, and some straining frames, and some canvas; and the next day we fetched them away; the straining frames were below, and the gilt frames in the dining-room.

Mr. Schoen. This is as long ago as the 6th of November, that this trunk was brought to you; the robbery, we have heard, was committed on the 8th of October, and the 6th of November this trunk was brought: now do you know which of the three brought it in? - They were all together when I received it.

If I understood you right, Croker, Steward, and Lewis, came in together, and Croker had the custody of the trunk? - I cannot pretend to say that; they were all together, that is all I can say, and they came all together to Bow-street, with Hayman and the trunk.

Now you first saw the trunk, you told us at the office; was that the first place you first saw the trunk? - I do not know where I saw it first; I might get it in the street for what I know, but I know I got it of them.

Now Maiden-lane, to a house there, is the place where you went; you say you did not know it was Hopkins's house? - I did not till I went to it.

Mr. Knowlys to Steward. Is that the trunk you took from Hayman? - It is.

Mr. Schoen to Steward. How do you know it? - I know it positively, because I put a mark on it on Saturday night.

At what time? - It might be nigh about half past eight.

In what situation; where was it? - It was then at the Brown Bear, Bow-street.

You did not carry the trunk to the Brown Bear? - No.

Lewis did? - Yes.

What time afterwards was it you madethis mark; how long after? - It might be three quarters of an hour, that is, including the time that we stopped Hayman.

Was it after Morant had it that you made the mark? - No, before.

Was it after the trunk had been left at the table of the Brown Bear? - Lewis took it to the Brown Bear, and I kept it till Mr. Morant had it.

And he has told us he does not know any thing of the matter.

Mr. Knowlys. Did you put your mark on it before you left it? - I did.


I am one of the patrol belonging to Sir Sampson Wright; I saw this trunk at the Brown Bear, Bow-street, on the 6th of November, one of the men informed me that they had stopped a suspicious person, and desired me to attend at the Brown Bear.

Did you see Lewis and Steward in possession of that trunk? - I did.

Hayman, the man, was then in custody? - He was.

Did you go to search Hopkins's house? - I did.

When? - On Sunday, the next day.

Do you mean the next day after that trunk was brought in? - I do.

Do you know that that was Hopkins's house, or what house was it? - No. 27, Maiden-lane.

Whose house was it? - I understood by the servants, it was the house of Mr. Hopkins.

Whose house did you go to enquire for? - Mr. Hopkins's; I believe Mr. Morant knew it.

Who went with you? - Mr. Morant and another.

Who was the other? - Mr. Lavender, the clerk of the office.

Did you search the house? - I did.

Tell us what you found? - Here are some prints that have been in Mr. Morant's custody, and I marked them; some of them in gilt frames; and four drawings, which I picked up from under the carpet; and in the shop we found some cuttings, some laying on a counter, and some laying in a drawer.

Mr. Schoen. Is that Mr. Poggi's trunk? - I do not know whose trunk it is.

The room in which these drawings were found, was the dining-room up one pair of stairs, they were hanging against the wall not concealed at all? - No, not at all, only finding those things under the carpet.

Court. Were they hung up in the room as furniture might be, or as for sale? - They were hung up in form, and not as for sale, here and there indifferently.


I am one of the officers attending at Bow-street.

Do you know Hopkins, the prisoner? - I do.

Where does he live? - In Maiden-lane.

How did you know he lived there? - I have seen him before.

Did you go there as to Hopkins's house? - I did.

You made a search there, I believe, on the 8th of October? - Yes.

And found nothing? - No; I went then to look for a large trunk, about eight or nine at night; I saw a young man there, and asked him if Mr. Hopkins was at home? he said no; I said I was coming to look for a trunk; he said I might and welcome.

Did you, on that occasion search under the carpet of the house? - I did not, I only went to search for a trunk.

- WOODLAND sworn,

But objected to on the part of the prisoner by his Counsel, because he had been in Court, during the examination of the other witnesses.


Do you know the prisoner Hopkins? - I know him by sight.

Did you ever let any house to him? - Yes.

What house is that? - No. 27, Maiden-lane.

When did you let it him? - I cannot say exactly.

Was he the tenant of that house in octoberlast? - I cannot positively say to that, I left the house a twelvemonth last Christmas.

And Mr. Hopkins succeeded you? - Yes.

Do you know of yourself to whom Mr. Hopkins paid his rent? - I cannot tell.

Have you seen Hopkins in that house since? - Yes.

When? - I cannot positively say, I have seen him in the lane go past my door; I live at No. 33, and he at No. 27.

How lately have you seen him go into that house? - I cannot say, I have not taken notice when he went in, or when he went out.

Mr. Schoen. He took the house of you twelve months ago, and though you have lived the same side of the way in Maiden-lane, you have not seen him go into the house lately? - I never took any notice.


I live in Maiden-lane, opposite No. 27, I saw the prisoner go in and out there frequently.

You are a butcher, did you ever go there with meat? - I have sent over meat there.

For whom hath it been purchased? - Mr. Hopkins.

Court. How lately have you seen him go in? - About Friday I believe; it was one day last week.

During what time have you seen him go into the house? - I do not know how often, it may be a score times.

Within what time, how far back? - Within this month.

Have you seen further back than a month? - No.

When did you send him meat? - Not long ago.

Two months ago? - No.

One month ago? - Not so long.


I am wife to Mr. Samuel Perrins , I live in Williams-street, Surry side of Blackfriars Road.

Do you know the prisoner at the bar, Hopkins? - Yes.

Do you know where he lived in October? - On the 28th of October he came and took a lodging of me.

Did he take the lodging in person, or any body for him? - He came himself and a gentleman with him.

Who was that person that came with him? - He called himself Mr. Hutchings.

When they came to take the lodging, did you know the person's name that took it? - No; it was not told me.

What account did he give of himself? - He told me that he was a gentleman just come from sea, and that he wanted this apartment for five or six weeks, or it might be five or six months.

Did he during this time ever communicate his name to you? - Never.

You let him the lodging? - I did.

How long was he at your house? - One week, from the 28th of October to the 4th of November.

What did he bring with him? - He brought four trunks with him

Did you see him at any time after the 4th of November? - On the 6th I saw him.

Did you at any time see any of the contents of those trunks? - No, nothing that was contained in those trunks: I had a chest which he borrowed to put in five or six large portfolio's, which he called the Atlas books. In a week after he came and took away three trunks, which he put inside a coach, and as there was no room, he desired to leave behind the small trunk and the Atlas books: he took away the key of the chest and of the room where the trunk was.

Was the chest empty? - The chest was empty when I let him the rooms: I gave him the key: there were some portfolios, five or six of them: one of them was opened, and I saw something printed; I do not know what; they were what are commonly called pictures: Mr. Hopkins took them away, to the best of my remembrance, between six and seven o'clock at night; it was dark: at the same time a little trunk was removed, which I cannot say I know, but I should know a card that was at thebottom of it: this is like the trunk, but there is no card on it.

Did you observe the name on the card? - Yes; a Mr. or Mrs. Shenton.

Croker. This is the card Morant took from the trunk.

(Mrs. Perrins looks at it.)

I believe this is the card: it is Mrs. Shenton: a porter took it away: I should not know him: nobody came but him and Mr. Hopkins: my husband knew the porter again: they both set off from my house between six and seven; that was as near the time as I can recollect: the other property was gone the 4th. The prisoner slept at my lodgings one night. Four men, one of which was Morant, and a Mr. Lavender, and Mr. Croker: I cannot say the name of the fourth man; they visited my house between twelve and one on Sunday: I had not let the rooms to any body after he went on the Saturday night, nor between the 4th and 6th, during which time he had the key.

Court. What time of the day on the 28th of October did he come? - About eleven, to bring his trunks: he took the lodging about ten in the morning: he brought the four trunks in a coach: nobody came with him.


I am the husband of Mrs. Perrins, at No. 10, William-street, Surry side of Black Friars Bridge. I know the prisoner very well: he took a lodging of me the 28th of October, and staid a week: I was not at home: I did not see the prisoner till the Monday following: I never heard his name, or asked it, or had any conversation with him: he took the chief part of his things the 4th of November, on a Thursday: I saw a trunk or two brought down stairs and carried to the coach, about six or seven in the evening; it was dark: he begged to leave a trunk for one night: there was a chest of mine stood in the room, which he begged to use, and locked up; he fetched away the trunk on Saturday evening, about seven; it was dark; I was at home: a man of the name of Hayman came with the prisoner; they both came in together: Hayman had a lanthorn; Hopkins brought down the trunk, and Hayman carried it away: they went out together: I shut the door: he carried on his shoulder something that appeared to be portfolios, for I saw the edges without the candle: nobody had access to the rooms: he would have locked both rooms, but my wife desired him only to lock the dining room door, where the large chest and the small trunk were: he had the keys of the dining room and chest: on the Saturday night he left the key in the door: Sir Sampson's people came to our house on Sunday the 7th, between one and two: I went in with them; I begged them to search all the house, if they pleased: they asked only for Hopkins's apartment: nothing was found but some shreds of paper under the grace; Mr. Croker found them.

Morant. They were burnt all to pieces: we brought none of them away.

Perrins. The prisoner slept there but once to my knowledge: I never saw him go out, only when he removed on the Thursday and Saturday: I believe this is the trunk he left last of all: there was a direction on the bottom when it stood in the passage: it was a Mr. or Mrs. Shenton, and appeared to be on a printed card; (looks at the card) this is the direction: I knew the porter that Hopkins brought; I knew his name at Sir Sampson's: the man I saw at Sir Sampson's was the same man Hopkins brought to take away the trunk.

(Hayman brought in.)

Perrins. That is the man, I am very certain.

Prisoner. Did the trunk stand in the passage? - Mr. Hopkins set it in the passage endways, and by light of the lanthorn I read the direction, for Hopkins held the trunk endways by one hand.


I am a carpenter and organ builder. Ihave known Mr. Hopkins about ten years. I went from Mrs. Evans's, the Lower Marsh, Lambeth, where I had been doing some work all day; I was going up to Mr. Abbot's, for a bit of wood to make a pallet for a painter; as I was going I saw Mr. Hopkins (that gentleman there) and a little man in black; and he says, here is Hayman: it was almost at Mr. Abbot's door: Hayman, says the little man that was with him, will you carry a trunk for me? I said, where? he said, to No. 27, Maiden-lane, Covent Garden; it is at No. 10, Williams-street, Black Friars-road: I asked who was to pay me for it? a lady will pay you, says he; I said, who is to deliver it to me? he said, Dan: I went with Mr. Hopkins, or Daniel Hopkins , to the house: I borrowed a lanthorn, and went down to Rowland Hill's Chapel, behind which is this No. 10; this old gentleman let me in: nobody but me and Mr. Hopkins went into the house: I do not know what became of the little man; I did not see him after we passed the turnpike: an elderly lady, wife of the old gentleman, went up stairs, and Hopkins brought down a trunk, and set it on its end in the passage; Hopkins said, that is the trunk, you take it home to my house, No. 27, Maiden-lane, Covent Garden: when the old lady came down stairs, the old gentleman opened the door, and I came out; Hopkins followed me, I believe; he sent down, while I was in the parlour, for the canvas which he had dropped, which he said was to tie up his lottery books in; I did not see the books: I went over Black Friars-bridge, having had a broken leg; it was dark; I left the lanthorn; a patrol stopped me by the New Church; says he, what have you got on your head? says I, my own trunk; where do you live? No. 25, Leman Pond; where are you going with it? says I, No. 27, Maiden-lane; I was very much in liquor; whether it was liquor or not I tumbled down; this is the trunk they took away from me; I told them I was going to carry it to Dan Hopkins 's; I was examined three times and committed; this is the very trunk they took from me; I believe it to be the trunk they took from me; I believe it to be the trunk; when Sir Sampson opened it, it proved to be pictures.

Mr. Schoen. You have known Hopkins for some time? - Yes.

Did you know of a lodger he had, one Miss Roe? - No.

Are you perfectly sober now? - I believe rather so.

Mr. Poggi. I have already identified these four drawings; they are my property; they are part of the contents of the large trunk that was lost; I bought them in this metropolis about a twelvemonth ago, with a large number, of a Mr. Phillipe, a dealer in that sort of articles; they are all different subjects, and to the best of my judgment original drawings; I gave six pounds for two and three pounds for the other two, in Dutch money; I have not the least doubt but they are mine, and were in that large trunk; I bought the two large ones as the drawings of one Cats, an artist; and the two small as by Heyverdingen; I had not sold or given them. This is Bacchus and Nymphs, or the Nursing of Bacchus; this is mine; it is not in the same state in which it was lost; it was in a square paper: this plate was brought to me to have my criticism on it, in the state in which it is now, by my engraver, Mr. Pestolini; I know this, because I desired my printer, in my own house, to take off a small number of impressions, in the state in which the plate then was; it is a coloured plate; it never was published; it is an impression from an unfinished plate; none of the impressions have been yet finished, and this impression is not retouched, which is always the case to make it saleable; I packed up eleven of these unfinished, in colours, and fourteen in brown in the large trunk; they were none of them finished or sold: this print is also mine; it has since been cut and put in a frame; the print is called Veillez amans si l'Amour dort: Morant, the young man, had been recommended to me; I gave him four of these to retouch,and I know it by that; it was not accurately retouched; this plate has been in circulation, but none in this state in which it was retouched; I am proprietor of the plate: there were no more of this subject retouched by Morant, but two, one of which is in the trunk, and two are in the trunk retouched by somebody else: this is the Origin of Painting; this has been re-touched several years ago; this is one of the first impression, and I took a particular pleasure in finishing it myself, with intention to make a present to a gentleman.

Look at all the rest that were found in the lodgings, and tell us what you say to them? - I have seen them.

Are they all such as were in your trunk? - Exactly so; I have looked at every one: these are cuttings of margins of prints; they have been to a press; but I cannot identify them.

Morant the engraver. I am certain this is of my retouching; this plate was one of those that was put into the great trunk that was lost.

Mr. Poggi. I have examined all the prints in the box, article by article; they were sealed with my seal at Sir Sampson's.

Is there any one print in that small box that was taken from Hayman but what are the same as those that were in the great box which was taken from the cart? - Not a single one.

Look at this plate of Sir Robert Boyd ? - There were two such as these in my great trunk, that was lost, and here are two in this small trunk.

Are there many there that have not been in a state of publication? - A great many.

Are you sure those that are not in a state of publication are yours? and do you believe the others to be your property? - I do affirm it: here are Bacchus and Nymphs in an unfinished state, that never were retouched nor published.


My counsel is totally unacquainted with any thing that I can say, he had my brief so late this morning, for Mr. Garrow, who was retained as counsel for me, might have been in a better state than the gentleman who now has my brief. This trunk was not delivered to Hayman by me, and was delivered through the instructions of the man in black; this trunk I acknowledge I did deliver to Hayman, by the order of the man that was in black; I trust that trunk is not considered as my property; the apartments where the things were found, was No. 27, Maiden-lane; the house I acknowledge is mine; but these apartments were let; it is very hard that I should be accountable for other people; I had a difference with my wife; I went and took a lodging in William-street; this man is a debtor to me; he desires me to take this trunk as a security for my money; he comes and settles with me; then he desires me to deliver this trunk to Hayman; this said person in black cohabited with a Miss Roe, who lodged in this said one pair of stairs.

For the prisoner.


I was a publican at the time, Mr. Hayman was at my house; I kept the George, at Colebrook, in Bucks; I live now in Middlesex, about a hundred yards from the George; I keep post-chaises. I know the prisoner.

Do you recollect the beginning of October his being at your house? - Yes, I do, perfectly well, with Mr. Duck and Mr. Dixon along with him, in company.

Did you make out this bill? - (A bill of entertainment shewn him.) This is my hand-writing; it was the Thursday morning, the beginning of October; Mr. Dixon came first, on the Windsor coach; I was just going to market; Mr. Dixon came first; then Mr. Duck came in the afternoon; Mr. Dixon and Mr. Duck dined with me and my wife; then Mr. Hopkins came; we got him a beef steak; I am sure Hopkins was at my house on Thursday, Friday, and Saturday, till Saturday afternoon, two o'clock; and that he went in the Birmingham coach; he and Mr. Dixonon the outside, with a basket of fish that I had caught; what made me remember the day more particularly when they came down, was, we were going a fishing in the evening between five and six, and Mr. Duck was rather in liquor, and sell into a muddy place, being pushed by Dixon against a cow; and Hopkins was in company with us; and Duck said I shall remember coming down a fishing of a Thursday.

(Cross-examined by Mr. Knowlys.)

How long have you known Hopkins? - About two or three years, by being on the road, and calling at my house.

What was his business? - I did not know his business, nor how he lived; but he told me he lived in Maiden-lane; I was once in his house; I cannot recollect when; it was some time ago.

Are you on a tolerable intimate footing? - No farther than his calling at my house backward and forward, sometimes with Mr. Hart, and sometimes with Mr. Humphreys, and other gentlemen.

Did you attend at Bow-street when he was taken up? - I was in London at the time, but was not at Bow-street; I happened to meet Hopkins.

Did he tell you he should want you at Bow-street to give this account of him? - He never told me he should want me at Bow-street to give this account of him.

When was you in London, and saw him? - The same day; he never asked me to tell this.

What month was you in London? - I cannot recollect.

Nor what day he was called up at Bow-street? - No; I went to the play, and from thence to Bow-street; after I came from the play, I was with him at the publick-house, and then we were talking about it.

Then after the examination was over, then it was that you began to recollect this thing? - I recollected it before, for it was in my mind; he did not tell me he was going to Bow street; I heard of it from other people.

You said you saw him before you went to Bow street? - If I said I saw him before I went to Bow street, I made a mistake; I meant afterwards he did not tell me what he was going to Bow-street for, nor I never asked him.

Then how came it to be material to talk of the cow on the 8th of October? - That was since he was at Bow-street.

Did he tell you upon what occasion he was summoned to Bow-street? - After he had been to Bow-street, he told me he was summoned there about a trunk.

He told you he had been there about a trunk? - Yes.

What did he tell you about the trunk? - Nothing particular, that I can recollect.

Did he explain to you the nature of the charge upon which he was taken up? - He did not.

Then how came it to be material to talk about this cow and the drunken man? - Because in case I should be called on in recollection of this man being pushed about.

He said nothing more than that; that it was about a trunk? - Not to my recollection at present: I was not with him above a quarter of an hour after he came from Bow-street, and I went home.

Did not this strike you as a strange thing? upon your oath, was not that a strange thing, that he had been at Bow-street on a charge of felony? - Yes, it was.

Upon your oath now, did not you know that he had been to Bow-street often? - No, upon my oath.

Then he explained to you nothing more, than that it was about a trunk? - No, Sir, not then.

Did he tell you what had been sworn about the trunk? - No, he did not.

Did he tell you any circumstance of time or place, what had been sworn about the trunk at Bow-street? - Nothing about the trunk, any more than he was taken on suspicion of stealing the trunk; he told me he was taken on suspicion of the trunk, and asked me if I should remember fishing, in case I should be called upon; I did not askhim any circumstance of time or place, nor did he say.

Is it that you recollect now the month and the day of the month, from the bill that you made out? - Yes; I recollect it was the beginning of October, but I cannot recollect the day till I come to look at the bill; it was the 6th or 7th that the bill was made out for Mr. Hopkins's party; I put it in the name of Dixon, because he came first.

This bill has no name of the month upon it? - It has not.

Did Hopkins say, you recollect it was in October that I was at your house? - He asked me whether I could recollect what time it was? he never told me any thing about the day of the month, or day, only asked me if I could recollect.

Where was this house where you had the conversation? - The conversation about the trunk was carried on at a public house in Litchfield-street; I called there for Mr. Dixon, for a whip that he promised to give me; I do not know where Dixon lives; he uses the house in Litchfield-street; I do not know what business he is.

Do you know who Mr. Duck is? - No, I do not.

Was there any body in company with you when this conversation passed between you and Hopkins? - Mr. Dixon and Duck, and another gentleman that was bail for him, were there.

When was this conversation held? - the same night he was bailed out.

What month was it in? - I cannot say.

How long after they had been at your house? - I cannot say justly.

Was it one month, two months, or three months? - More, or less, I cannot say.

This is a disagreeable circumstance, is not it? - Yes.

You was called on to recollect what had passed in the beginning of October at your house? - Yes.

How long was it after they had been at your house? - I cannot say.

How long is it from this time? - I cannot tell; I did not put down the day; it may be the latter end of October, or the beginning of November; I cannot justly say.

Will you swear that you did not hold this conversation in December? - I cannot say when.

Was it December or January? - I am sure it was not in January.

Was it in November or December? - I cannot say.

Was it early in the month, or late in the month? - I cannot say.

Will you swear it was the day he was taken up? - I do not know what day he was taken up; it was the day he was bailed out.

In what time of the day did you say this conversation was held? - It was a little after ten.

You had not seen him before that time? - No.

Did you go to the play-house? - I went directly to Litchfield-street, for the whip he promised me; I thought to find him out; I only went to the entertainment; I staid till it was over; I came to town about eleven or twelve in the morning, and came up on some particular business of my own.

What was the particular business? - That I am not obliged to tell.

What was it?

Mr. Schoen. I object to that question as irrelevant.

Mr. Knowlys. Upon what private business did you come to town? - I have no reason to tell you.

Court. You must assign some reason for not telling it? - I came on some business to Mr. White's, in White-horse-yard, Windmill-street, at the top of the Hay-market.

What was your business at Mr. White's? - He was looking out to buy me a second hand post-chaise.

Did you see Mr. White on this business? Yes; I employed him some time before to buy the first he could find; I saw him when I rode on my horse in the morning, between eleven and twelve; I went over to the house facing; we had sixpenny worth of brandy and water together.

How do you know it was ten o'clockwhen you came to Litchfield-street? - I said it was past ten o'clock when I came out of the play-house; I knew it by that; I returned to Colebrook that night, and was home about one in the morning; I put up my horse and chaise in Windmill-street; it was Mr. John Wright 's.

How came you to leave your house at Colebrook? - Is that a fair question? because it did not answer my purpose; I transferred my licence to one Rees at Glamorgan; he has it now.

So the expression of the man that was pushed in the ditch, was more remarkable than your friend being bailed for a felony? - It came to the recollection of my mind.

When was you applied to to become a witness? - Mr. Hopkins sent me a letter last Thursday or Friday; I was not at home when the letter was brought.

Do you think him a pleasant man? had you a regard for him? - The man always behaved very well.

You had a regard for him? - As a customer.

What were you fishing for? - Roach, dace, and perch, in cast nets.

A pleasant entertainment in October? - Very pleasant; I am very fond of it.

You have a horse of the prisoner's now in your possession? - Yes, in my brother-in-law's fields, in Colnbrook; it was left with me the day he came; it has been there ever since, bridle and saddle; his name is Gosling.

Mr. Schoen. Have you any doubt that the month in which you made this bill out, was the month of October? - I am sure it was the month of October, by the man being pushed in the ditch.

As to the day you saw him afterwards, you are sure it is the day he was bailed? - It was on that day; Colnbrook is seventeen miles from Hyde Park Corner.


I know Mr. Hopkins: I know Miss Roe; I recommended her to lodge with the defendant some time in or about Michaelmas.

Did she lodge there in consequence or your recommendation? - Yes.

Did she live alone, or did any body live with her? - She lived alone in general; but my opinion of her is, that she was a woman of intrigue; I do not know it.

How long did she live there? - Five or six weeks; but I cannot be particular to the week; it might be a week before Michaelmas, or thereabouts.

What part of the house did she occupy? - The one pair of stairs floor; an elegant floor; she came to me on the 8th of November, in the morning, pretty early; about nine or ten; she came to my house at Hoxton, and told me she had been a bit of a rake, and wanted me to go with her to her lodging; she had a coach in waiting then; I was going to Westminster; I went with her in the coach, to Maiden-lane, to her lodgings, at this Mr. Hopkins's; I went up stairs with her, and she took some few things away in a trifling box, which were carried to the coach, and there put them in.

Mr. Knowlys. You then was the person that took upon yourself to recommend this lady, who you believed to be a woman of intrigue, to Mr. Hopkins, as a lodger? - Yes, Sir.

How long have you known Mr. Hopkins? - Some years.

Of course you expected your recommendation to have weight? - Yes.

When did she enter on those lodgings? - Some time on or about Michaelmas; I saw her there a fortnight after that; I once called upon her; I saw her at the lodging, positively, between Michaelmas and October; it was rather before Michaelmas; it was not after Michaelmas, to the best of my belief.

Will you swear that it was a few days before Michaelmas? - I believe it was thereabouts.

Will you swear it was not later than Michaelmas? - It really was not, to the best of my memory; I could not pledge my word, but I am pretty sure I am right.

How often might you be in the house? - About once.

Who waited on her? - I do not know; I believe it was the servant there; she said there was no rent due but that week; but I do not know so much of her private business, as to know whether she had a servant; there was a lusty kind of a woman servant; she may be here, for ought I know.

When did you call on her? - I cannot say; it was in the interim between Michaelmas and November.

As you have been a friend of Mr. Hopkins's for some time, I should like to know who you are? - I am Joseph Dunbar , at a place called the Noah's Ark, in Hoxton Town, No. 6; I make up goods for Jews, and sell them.

Have you dealt with any jeweller's shops within these last two months or six months? - No, Sir; I deal with Jews; I can make just a subsistence and livelihood.

You live by your labour then? - Yes.

Are you much in the habit of going to Westminster? - Not particularly, but I do go there some times.

Have you any law-suits in hand? - No; I went to meet Benjamin Price , a brass-founder, in Gunpowder-alley; I went to meet him there; he has been at law for these twelve months; but I was not concerned in his trial.

You do not occasionally go there as bail? mind now. - Now you need not caution me.

Well, do you? - I do not go to Westminster-hall, farther than this; I suppose, about six or seven years ago (hear me, and give attention to me) I did bail a person whose name is out of my memory now, but not since that.

Then, since six or seven years, you never became bail for any body at Westminster, or at Serjeant's inn-hall? - At Serjeant's-inn my name was put down as bail.

Was not you rejected? - Not to my knowledge.

Was you received? - No, I was not received, because we did not justify, nor it was not attempted.

What cause was that in? - I do not remember; Mr. Shaftoe Vaughan was the attorney for the defendant; but they are things that I am not conversant with.

Then this is the only instance in which you ever offered yourself as bail, either at Serjeant's-inn-hall, or at Westminster-hall? - Yes.

That you swear positively? - I cannot recollect any thing else.

Upon your oath, you are not a common bail? - Let me be sworn again; upon my oath, no more than you are; I declare positively I scorn the meaning.

Have you never offered yourself as bail at Guildhall, before the Lord Mayor, and was rejected? - Rejected! I was opposed; that gentleman well knows the particulars as well as I do; I was opposed by Mr. Garrow; there is the gentleman; and I met him with truth; and facts are stubborn things; and therefore met him fairly at once.

Now, was you rejected or not? - No, Sir; I do not remember; now I particularly recollect, I was not; I became bail, and was accepted for Mr. Turner; it was for a blow in the street.

Then this is the only instance in which you ever was bail before my Lord Mayor? - Yes; to the best of my knowledge; I cannot speak positively; the only instance, may be it may; in my life, I might have bailed a friend besides that, and it might have escaped my memory; such a thing as that might be.

Have not you been bail for a friend before the Lord Mayor in three months last? - Oh! yes; I can swear that.

Do you swear that? - Yes; that I swear positively: Aye, and I do not suppose I have been at Guildhall within these three months; honest truth, that is in my breast, emboldens me to speak.

How many times might you have been at Serjeant's Inn Hall last Term? you know where it is? - In Chancery-lane; is it not?

Do you ask me that question as wishing to know? - I will swear that I am not particularto the inns; and now, while I speak to you, I recollect it is in Chancery-lane; Sir, I am come with plain facts, to do justice between man and man.

How often was you there this last term? - Not once; now that is very easily answered.

Where is Miss Roe? - I do not think she entertains a wish to be here; I entertain a different opinion of her than I did; she has broke off all acquaintance with me since the 8th of November, and has her private reasons for it; I took my leave of her very suddenly; but it seemed to be very agreeable to her; she seemed to wish to be rid of my company; she had a trifling band-box with her.

Have you never enquired after her since? - No; and I declare on my oath now that I have not an intimacy with Mr. Hopkins.

When had you first heard Mr. Hopkins was to be tried for this offence? - Some few days; some other man came; not Mr. Hopkins.

Who applied to you and gave you the subpoena? - I do not know the person; but I believe it was one Mr. Hart.

Did you then tell him that Miss Roe had lodged there, and that it would be proper to subpoena her? - No, no such thing.

Did he explain to you for what purpose you was to be produced as a witness? - No, only to give a true answer to the questions asked me, and that I could not keep off of it on account of the penalty; further than that he asked me if I could give him any intelligence of this Miss Roe.

Mr. Schoen. Then all you mean by being bail was for a friend? - Merely so; I am a man of a different description; I detest the idea; except to do it to oblige a friend, or if a man was recommended to me; but to be an hired bail, I detest the idea; upon my oath it is not true.


I believe I may have known Mr. Hopkins ten or a dozen years; I have known him as a publick character; a publick man; a man living in a publick line; a publick-house; as to his character, I never knew any thing wrong of him.

Has he borne an honest character? - To me; I never knew otherwise; I had never any reason to impeach his character or conduct on any occasion whatever, and I have known him a great many years.

Mr. Knowlys. Where do you live? - In Whitcomb-street, Leicester-fields; I believe it is near Hedge-lane, it goes into Hedge-lane; I do not recollect.

What number? - There is no number to the house.

What is the number of the next door? - I do not know.

How long have you lived there? - About three weeks.

Where did you live before? - In Gray's-inn-lane, in Fox-court.

What number? - I believe it is No. 10.

How long have you lived there? - About a fortnight, only lodged in the ground-floor.

Where did you live before that? - In Fulwood's-rents, in a garret; I lived there about a year, with one Lindsey, a hairdresser, No. 10.

Have you known the prisoner intimately? - Not very intimately, a waiter to a coffee-house.

You have called upon him once a week? - Once a year Sir; I have no more intimacy with him than I have with you; I have seen him twenty times in different places.

Have you seen him twenty times in the course of every year that you have known him? - No; very likely I may not have seen him sometimes, above three or four times in a year.

If any misfortune had happened to your friend, in the course of ten years, I should think you must have known it? - I know nothing about a friend. My Lord, I wish to put an end to this tedious argument and intercourse between this gentleman and me; I know no more of the man than seeing him, dining at a public coffee-house, tavern, and public-house; there was nofriendship, no intimacy of any sort or description.

Is that the kind of man of whom you came on your oath to say that he is a man of a good character? - Pardon me, why because I have known a man ten years, and he in a friendly way calls upon me to give him a character; why should I not, as an honest man, come forward to any man here, and if I did not know so much of him as I did, why should I not come forward to give him a character.

Do you know of his having been tried in the course of these ten years? - Sir.

Did not I speak loud enough? - I do not.

Will you swear he was not? - I will not swear about it, but I will swear it was not with my privacy.

Do you not know that he was upon the ballast lighters? - My Lord, I presume it is derogatory to the business, even suppose I knew that; what is that to giving a man a character? I do not know, upon my oath, of his being confined at all on board the hulks.

Do you know of his being confined on an accusation of felony within this ten years? - I do not, barring this.

Who may you be? - Who may I be! I live on what I have, I do not follow any business.

Did you ever follow any business? - Yes, a silver ivory turner, and tortoise-shell snuffbox maker.

If any body has said that you kept a gaming-table, they must have told a great story? - What has my keeping a gaming-table to do with it? - I do keep a gaming-table.

You do; good bye to you? - Do you mean to say, you have done with me.

Yes? - I do keep a gaming-table, I do not deny it.


I have known the prisoner about two years, I always understood his general character to be a very good one, I have done business for him in the carpentering line, and he always paid me; the prisoner is an engraver ; I never knew any thing to the contrary of his being an honest man.

Mr. Knowlys. You have known him intimately these last two years, I take it? - I have done business for him as a carpenter, I have been employed for him about three times; his father lived within two years in Maiden-lane, and took in orders as an engraver of seals: I understood from the father that he was an engraver; I cannot say I ever saw any of his work: Hopkins has never told me he was an engraver, otherwise than from his father I never saw him at work, I saw no signs of seals cut, or any article in the engraving trade carried on; I have seen seals in the shop window, along with other hard-ware.

When did you see seals in the shop window along with other hard-ware? - About six months ago.

Upon your oath was not it a lottery office at that time? - No, Sir, it was not, I swear that; at that time I took the old front out, and put a new one in.

You understood he got his living by his business? - I have seen him sell things out of his shop, he appeared to me to be the tenant; I was in the dining parlour once, I saw Mr. Hopkins.


I have known the prisoner above two years, he was in the public line of business, I always heard a very respectable character of him, in regard of paying every tradesman that he was connected with.

Did he bear the character of an honest man? - Yes, to the best of my remembrance.

Mr. Knowlys. Have you known him up to this time? - Yes, he kept a house in the court, opposite St. Martin's church; I cannot say how long he acted in the public line, I often used his house, and have transacted some business since, and recommended a friend of mine to Mr. Hopkins in the carving and gilding line, and I fancy the frames are now in court.

What business is Mr. Hopkins? - I cannot say; he has had frames done for hisown use in the course of the last three or four months, the same as them; I mean in the course of the last six or seven weeks, I cannot tell his business, but I always heard by most people, that he was in the tradesman line, that he was a very honest man; I never transacted any business with him.

Did you know his lodger, Miss Roe, in Maiden-lane? - No, I do not; I have called there, I believe, in his dining-room up one pair of stairs, in the course of this last three or four weeks.

What family has he? - I do not know, I have been up stairs once or twice in November.

So far back as October? - Why yes, I do not know but I have.

What business are you? - A carver and gilder. Mr. Hopkins said there was a picture, in particular, that he lost, which I could be on affidavit of.

Have you seen any pictures in his custody? - Yes, several, which hang up now in his parlour, within the course of the last three weeks. There is a particular picture which I swore to in court, I am very sensible is a common publication.


I believe these three prints were bought at my shop.

Mr. Knowlys. I believe you to be a very honest man: has that print ever been in publication? - I do not think it has; I never saw it before; that is the Bacchus and Nymphs.

You are a large dealer in prints; this was found in Hopkins's house framed? - I do not recollect ever seeing the print; and I am sure and certain; never had one in my possession.

Are you an engraver yourself? - No, I am not.

Do you know the difference between a plate that is retouched and a plate that is not retouched? - Most certainly; this of Bacchus and Nymphs, appears to me not to have been retouched.

Are either of those saleable in a shop? - I should suppose Mr. Poggi would not sell this print, because he is liable to have it copied, not having any publication at the bottom of it.

Court. Is that in a saleable state? - Certainly not; it should be finished in the colours before sold; some people might purchase such a thing.

But would you sell it as a compleat print yourself? - I should not.

Would you sell it in the common course of business as a finished print? - It is a print that seems to be in a condition for working on with colour.

Do prints that are in the common course of sale, get into the world so? - It should be retouched for sale.

Here are two pictures, Hope nursing Love, one is retouched, and the other not retouched; is that which is not retouched in such a state as a man keeping a creditable shop would sell? - No.

Prisoner to Prosecutor. Whether it is not a well known practice in the copper-plate way, to wish to obtain a print for themselves, they will take one if they can? -

Do you mean a printer or engraver? if I give him leave, if he behaves well, if he is an honest man, I may give it him, or he may obtain it dishonestly, if he has the plate at his own house.

Court. Those prints that you have spoken of, that were unfinished, were they out of your house or not? - No, they were at my own house; my printer is here, and a very honest lad he is.


I am a printer; I work at Mr. Poggi's house, in copper-plate printing.

Look at that Bacchus and Nymphs, is it taken from a plate of Mr. Poggi's? - It is.

Has that plate ever been published? - No, Sir.

Have you ever taken an impression from that plate yourself, and given it to any other person whatever; or have you of any other in your possession, without Mr. Poggi's leave? - I have not.

Have you given one to any person whatever? - I have not.

Is that in the finished state in which the plate now is? - It is.

Court. Have you in any instance given any impressions that you have printed without the leave of Mr. Poggi? - I have not.

Have you given any with his leave? - I never gave any at all.

Mr. Schoen. Of course you know you would treat Mr. Poggi very ill if you did? - Yes.

The Recorder summed up the evidence with great minuteness, and the Jury retired for some time, and returned with a verdict,


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

N. B. The little trunk which contained a small part of the property, was restored to the prosecutor, together with the four drawings, by order of the Court.

140. SARAH FIELD and ELIZABETH SHARP were indicted, for that they, on the 10th of February last, one piece of false and counterfeit coin, as and for a good shilling, did utter, to one William Denning , knowing the same to be counterfeit , against the statute.

A second count, for uttering another counterfeit shilling, to Catherine the wife of Thomas Nott .

(The case opened by Mr. Knowlys.)

(The witnesses examined separate.)


I am a linen-draper , No. 16, Cheapside ; I know the prisoners, they came to my shop on the 10th of February, about four in the afternoon; they came in together, the prisoner Field asked for an article of Irish cloth; she purchased two yards, at thirteen-pence a yard; she paid me for it; that money was mixed with other money, and I cannot identify it: one of them, I believe Field, enquired for dimity; she bought four, or four yards and an half, which came to nine shillings; she paid for it, I received the money, all from Field, I was very attentive to that money; that never was mixed with other money; it was in a dark part of the shop, where she paid me. They went out together, they looked at the articles together, and each gave their opinion on them. I suspected the money, the silver appeared quite bright, I thought she had something in her pocket to disfigure it. Field exchanged a shilling or two, which I thought to be bad; I thought after they were gone, that the shillings were very light, and that they were not good. I took them to a lighter part of the shop, and my suspicions were confirmed; I gave the nine shillings to John Pitfield , desiring him not to mix them, but to take nine shillings out of the till, and weigh them, and see if they were equally heavy. About three, or five minutes after, I followed the prisoners down Cheapside, and saw them between King-street and Lawrence-lane; they were going towards the Change. In about five minutes after I left my shop, I noticed them, and I thought they noticed me, and I crossed the way, I watched them into Devaynes and Hingeston's, the corner of King-street; immediately as I saw them in the shop, I went home, and desired Pitfield to come with me, and desired him to go and make enquiry what they had purchased; and I saw them come out and cross the way. I missed Pitfield, but I found him afterwards, and desired him to follow them, and I went home. I gave information in Bow-street, they were found in a court in Wych-street, they were at tea, there was nobody else in the room. I saw Jealous put his hand towards Mrs. Field's mouth, and take a shilling, but I cannot say where it was from; their pockets were both emptied; I saw a shilling on the tea-table, but I cannot tell how it came there: Pitfield has the money that I gave him.

Court. All the money you received from Field? - Yes.

Who paid for the dimity? - I believe Field paid two shillings for the Irish, and Sharpe paid twopence.

Did any conversation pass between them? - Field asked her for it.

Sharpe had no concern in the dimity? - No

Mr. Knapp, Prisoner's Counsel. Did you know those persons before they came to your shop that day? - No.

You objected to some of the money, Mrs. Field changed them? - She did.

The shillings you thought were discoloured in the pocket? - Yes.

The other person (not Field) did not pay any thing except the twopence? - Certainly not.

Mr. Knowlys. Are you sure Sharpe was in company with Field? - Yes.


On Thursday the 10th of February I received nine shillings from my master, which he desired me to weigh; I did weigh them, and found them not so heavy as eight shillings.

Did you keep them separate? - I put them with two that my master took out of the till, that he suspected he had taken from them. I cannot distinguish which those two were, but the eleven have never been mixed. (Produces them.) Mr. Denning pointed out the two women to me in Cutter-lane, and I followed them down two or three back streets, into Newgate-street,; they were together all the time, they went into the Crown in Newgate-street, I did not see them offer any money there. I traced them from the Crown in Paternoster-Row; I observed Field go into a druggist's in Paternoster-Row; she came out, and they went into White Lion-court, Wych-street, to a private house, I believe it was: after that I came back to my master, and he went to Bow-street: I was in the room when the officers took them, that was about six o'clock; I saw Jealous turn some money out of Mrs. Field's pocket into a hat.

Mr. Knapp. Did you weigh the nine shillings together? - Yes.

Did Mr. Denning give you the two shillings at the same time? - No, a few minutes afterwards.

You would not have known them except Mr. Denning had pointed them out? - No.

There was a great distance of time had elapsed, between the time you were at the Crown and the time you got home? - Yes, an hour, or an hour and a quarter.


I am the wife of Thomas Knott , I keep the Crown in Newgate-street ; I recollect the prisoner Field, I am not positive to the other prisoner, Sharpe.

When Field came to your house was she alone? - No, with another woman; Field asked for some tent and brandy; my husband told her we had none; she had some shrub, and the other woman had some gin.

Who paid for it? - Field, she paid one shilling, the liquor came to three-pence; I immediately dropped the shilling into the till; in consequence of being told they uttered bad money, I immediately opened the till; when I opened the till, the shilling lay by itself; the till opens, money is not dropped in; I am confident that it had not touched any other silver.

Had you made any observation before you opened the till on the shilling? - I rubbed the shilling and put it in the till, I rubbed it, and it looked very fair, I took the shilling out, and thought no more of it, and threw it in the till among other silver.

Mr. Knowlys. I will give up the second count, my Lord, certainly.


I went in consequence of information to White-lion-court; there was a man there of the name of Field, and the two prisoners; Mrs. Field saw me, and she put a shilling into her mouth; I took it from her; I searched her, and she had twenty-two shillings and sixpences, all good, and they were returned to her; one of the gentlemen gave me a shilling that lay on the table; I searched the house, and I could find no bad money.


I went with Jealous to Mrs. Field's house; I searched Mrs. Sharpe, and off her petticoats she dropped two shillings, and a person picked them up, and gave them to me. (produces them.) Jealous searched Mrs. Field.


(The eleven shillings shewn him.)

These are all bad, they are not all of the same make.

Prisoner Field to Pitfield. Did not you produce twelve shillings at Bow-street? - Yes, but only eleven were shewn to Mr. Clarke.

Court How came you by the twelfth shilling? - I apprehend at the weighing them.

Jury. Was that shilling a bad one? - I believe it was good.

Will you swear there were no other mixed with the nine? - I kept them separate.

Jury. Are you sure you did not take the wrong nine shillings out of the scale? - I did not.

(The shilling produced, that was taken from Field's mouth.)

Clarke. It appears to be a bad one.

(The two shillings produced, which fell from Sharpe's apron.)

Clarke. They are very bad; the other is doubtful.

Mr. Garrow addressed the Jury on the part of the defendants.

The Jury withdrew for some time, and returned with a verdict,



Each to be imprisoned six months , and find security for six months .

Tried by the London Jury before Mr. RECORDER.

141. JAMES CAIN was indicted for that he, on the 24th of September, in the 28th year of his present majesty's reign , in the parish of Burdwash, in the county of Sussex , on one Henry Pudsey , an officer of the Excise , being on shore in the due execution of his office and duty, in seizing and securing, to and for the use of our Sovereign Lord the King, twenty gallons of brandy and twenty gallons of geneva, then and there liable to be seized by the said Henry Pudsey , as such officer, and in the peace of God then being, unlawfully and violently did make an assault, and him, the said Henry Pudsey , so being then on shore and in the due execution of his said office and duty, unlawfully and forcibly did hinder, oppose, and obstruct, against the form of the statute and against the peace .

Two other counts charging the same sort of offence, only varying the manner of charging it.

The indictment opened by Mr. Wycomb, and the case by Mr. Attorn General.

(The witnesses examined separate.)


Examined by Mr. Fielding.

You was in the Excise service in 1788? - Yes.

Where was your situation in September, 1788? - At Vineall, within three miles of Battle, in Sussex.

Do you know the prisoner at the bar, Cain? - Yes.

Did you see him on the 24th of September? - Yes.

Now go coolly, and speak distinctly, and tell my lord and the jury what you saw, and what you did in consequence? - On the 24th of September, in the morning, I saw the prisoner, in company with one Hunt and another, pass through Vineall loaded with tubs; that was about seven; there were three horses that they rode and two others, which made five; seeing them go through I went to Battle, and told Mr. Pudsey; he joined our company, and we went across the country, to the place where we thought they might pass, called Burdwash Weald, a publick-house, the sign of the Wheel; we ran up to the house, and we called for a pot of beer, and Pudsey, I believe, asked the landlord if he saw anysmugglers go past? and he said, he had not; and we saw two men standing by the turnpike-house; we had some little suspicion they were of the prisoner's profession.

Did you in fact see the prisoner and Hunt again? - Yes: we immediately drank our beer, and rode towards Burdwash, to this publick-house, and saw the prisoner, and Hunt, and another sitting on their horses, on the turnpike road, standing still; better than a mile and a half from Burdwash town; on seeing us they immediately rode away towards Burdwash town; and they left the two horses, with the five tubs each, in the road, and let down, or threw down, by some means, four more, from the horses that they rode; Mr. Pudsey and another Hop officer, whose name was John Doody, went from Battle with us; we took possession of those horses they had left; I staid by the horses in the road; Pudsey went after them, and returned in five minutes, with one more horse and one cask; then we took the horses and the cask to a publick-house; there were fifteen casks in the whole, and three horses; we took them to the publick-house, in order to reload them, for better carriage to Battle; while we were there a few minutes the prisoner and Hunt came back on horseback: Hunt swore prodigiously at our taking them away; I cannot say that the prisoner was so violent at that time.

Did the prisoner say any thing? - I believe the prisoner had a whip with a long head, as they call it there, tied to the small end of it; a thong tied to the small end of it like a coach whip; they sat at such a distance I could not hear what they said; I heard him ask Pudsey to give him something to drink; and he told him, if he came back and behaved quietly and civilly, he would; and the came back; and he called for a pot of beer for them, and half a pint of gin; and the prisoner drank, but Hunt refused; the prisoner drank some of the beer and some of the spirits; he behaved very civil indeed at that time; and Hunt said, we should not take them away; the prisoner did not behave so riotous at that time.

What did you do with the casks? - They were then in a stable, both horses and casks, in order to take them to Battle; then the officer and me went in order to prove the liquor that we had taken; and the prisoner asked the officer leave to let him suck out of one of the casks, which he did; after he had so done the prisoner and Hunt went out, and got upon their horses, and began to be very riotous with large clubs.

Court. Were there any tubs on those horses? - No; they were the horses that they rode on; and they both of them agreed not to suffer us to take the things away; I heard them agree to stand true to each other, and not to suffer us to take the horses out.

Court. Did they agree out loud, so that you heard them? - Yes.

Did they say it to you, or to each other loudly? - To each other loudly.

Mr. Fielding. How long did they continue in this sort of conference with themselves, talking loudly, before they came to this agreement? - Not long; then they both rode up to the door, and swore we should not have the goods, nor take them nor the horses away; but that they would take them themselves: we were then in the stable and Pudsey also; they rode up to the front door of the stable, which was open at the time they came up: they sat and swore I suppose for nearly an hour, and struck several times with their clubs against the door; and then Mr. Pudsey, the officer, produced his pistol, and told them, if they did not desist he must fire: there were a number of people round the stable door: when Pudsey produced the pistol the prisoner at the bar then dared him to fire, and opened his breast; and they both told him, he might fire and be d - nd.

Court. Whereabouts was Pudsey standing at this time? - Just within the stable door.

And they were sitting on the outside? -Yes; they were sitting on their horses, with their horses heads close to the stable door.

Mr. Fielding. Did the prisoner at the bar offer any thing to the people that were about? - I heard him offer five guineas to any man that would assist him in rescuing the things; and upon that offer Mr. Pudsey and I concluded it would be best to get some more assistance, for there were a great many people round the door; but I did not see them do any thing, nor hear them say any thing; I went out of the back door of the stable, and went to get another officer, but could find none; I had not been in town a quarter of an hour; but the landlord of Burdwash Weald came with a peace officer, and I went back to Mr. Pudsey again; then Hunt, the other, was shot through the wrist, and they were very quiet.

Where was Cain when you returned to Pudsey at the stable? - He was sitting before the publick-house door on his horse; they neither of them behaved riotously then.

You knew Cain by person at this time? - I had often seen him before.

Mr. Knowlys, Prisoner's Counsel. What time in the morning was it that Cain and Hunt returned to the publick-house door after you had received the spirits? - It might be between nine and ten.

Not much later? - No.

How long was it before all the business was over? - I cannot tell exactly; nearly two hours.

You say they were very quiet, and asked first of all, that you would give them something to drink? - The prisoner was not so bad as the other.

I am repeating your own words; he asked the officer to give him something to drink? - Yes.

The other would not take any thing to drink from the officer? - No.

How much beer had you at the publick-house? - Only one pot of beer and half a pint of gin between us; I drank some of it myself, and several others.

How he sucked the good creature when he came to the cask you cannot tell, I suppose? - I do not know.

He did not leave that very easily? - I do not suppose he drank half a quartern; he did not lay at it as long as he pleased.

Had he it at his own command? - No; he had not; when the officer thought he had enough he told him to leave off.

However it was not till after he was indulged in his request to drink, that he was disposed to be riotous? - No.

Mr. Fielding. The people you say were there in large numbers? - Yes.

Do you know what was in these casks? - I did not drink out of but one; I believe there was some brandy and geneva.

What was that you drank out of? - I think it was geneva.

That cask you think was gin? - I think it was; I only tasted one.

Court. Do you know what was in the cask the prisoner tasted? - Why, it was the same cask I drank out of.

Mr. Knowlys. You are not sure of that? - I cannot remember particularly.


I am an officer of Excise.

Where was you stationed on the 24th of September, in the year 1788? - At Battle, in Sussex.

Do you know the prisoner at the bar, James Cain ? - Yes.

You saw him on that day? - Yes.

What time? - I cannot say exactly; I think about nine, or between nine and ten.

Whereabouts? - I saw him on the road, a little way, near Burdwash Weald; there was another person and a lad with him.

Who were you in company with at the time? - With two hop officers, James Venus , and one Doody, another hop officer.

When you first saw the prisoner who was he in company with? - There was one Hunt with the prisoner, and a young lad that I do not know; they had five horses loaded with prohibited goods, and standing a little way from the Weald; and on seeing us going to meet them, they stopped theirhorses; and on our watching, the prisoner and the man and the boy rode away along the road; and with our pursuing, we came up with two led horses, which I imagine they could not get on; and we left Venus in care of those two, and went in pursuit of the other; the led horses had five tubs each; and we pursued, and came up with another horse with one tub upon it; a young lad jumped off the horse; I saw him jump off; we took the things to Burwash Weald public house; and seeing some tubs thrown off the horses, which we took to the public house, and put the horses and the tubs into the stables.

When they were there, did you try what the casks contained? - I did tap one cask, and it contained geneva; the whole were tubs of Geneva and brandy.

Court. Did you tap more than one? - The tubs were tasted afterwards, and they were all brandy and geneva; I saw the prisoner about ten minutes after.

Relate what passed when you saw him again? - Him and his accomplice, Hunt, returned back again on horseback, without any goods; they stood a little distance from the house; not far; the horses were in the stable; and I was standing a little from the stable; when I came up, I think I recollect the prisoner asked me for something to drink, or something to that effect; I think I said, if you behave civil, and go about your business, I will; we had a pint of beer, or something of that sort; I cannot say whether he drank or not; he did not drink much; we then went into the stable to take the horses and goods out, and go to Battle with them; then the prisoner said he would have a suck, or give me a suck, or something to that effect; he came in and had a suck, which was very small; the gimblet was very small with which the hole was made; we had got one horse out of the stable; and I stood a little from the public house, and was not apprehensive of any rescue or danger; and the officer, Doody, who is not here, said Pudsey, take care, upon which I turned round, and the prisoner had a large whip in his hand, which had a club more like a walking-stick than a whip; it had the head wrapped round his hand, in order to have a blow, in appearance, at my head; by turning round, I escaped it; they then said we should not go off with the goods; that was the prisoner and Hunt.

Did you hear the prisoner say any thing? - I did.

What did he say? - He said we should not go off with them; and his accomplice said, swearing at the prisoner, if he had half the heart he had, they never should have rode away at first; the club appeared to be levelled at me; they appeared desperate.

Was this the first conversation that passed between the prisoner and Hunt? - They seemed to be displeased at losing them, as all smugglers are.

Had they any conversation before this time respecting these goods? - I cannot possibly say what conversation they had.

Before you gave them any thing to drink, had there been any conversation between the prisoner and Hunt about seizing the goods? - I cannot recollect whether there was.

Court. Did you see the prisoner attempt to strike you? - I saw his club levelled; it appeared levelled at me, as if he was going to strike a blow; but he did not strike; the horse with the goods stood before the door; and they seemed to be so desperate; I heard them say to each other; one swore to the other, of standing true to each other; and they shook hands, and swore they would stand true to each other in taking these goods from us.

Did you hear any of these declarations made by the prisoner? - I heard them both by the prisoner and Hunt; and they shook hands to stand true to each other; then they went into the stables again; Venus went into the stable with us; they rode up both on horseback, the prisoner and the other; and I stood there with one pistol in my hand, desiring them to keep off, but to no effect; they had large clubs which they struck against the top of the door; whether it was meant to me, I cannot say; they did not strike me: there were more people,I believe, before the house; the longer we staid, the more people appeared there; I then shut to the stable door, thinking they would separate and go away; but they kept repeatedly at the door; they would have one grey horse turned out; they insisted on one grey horse being turned out, both the prisoner and his accomplice.

Was that grey horse one of the horses you had seized? - It was one we had seized, and had had him in the stable; I refused, and told them I would not, nor could not; I begged them to go about their business; they did not go; on shutting the door, we locked the door, and set something against it, it was usual, to keep it fast, when they put in clubs which they had, in order to force it open; their sticks being in the top of the door, trying to open it, I threatened them, and said I did not wish to fire; I was very loth to fire; but I was determined, as I had made the seizure, I would not have it taken from me; the prisoner opened his breast, and bid me fire into his mouth several times; and Hunt opened his mouth, and bid me fire into his mouth several times, which I did not: we pulled their sticks through the door; upon that the prisoner went to a faggot stack, some little distance off, and rapped again with bludgeons, seemingly, larger than the others, and put it at the top of the door, to wrench it open; I then finding myself in a very disagreeable situation, and not willing to use any sort of violence, desired Mr. Venus to go to Burdwash to get more assistance, thinking by that means that they might be dispersed without doing any damage; Mr. Venus went to Burdwash; he went out at the back door of the stable; I sent for a constable, and kept at the door; a person came into the stable, whom I believe to be a smuggler; his name is Skinner; I know him; and when I threatened to fire, as I did repeatedly, he said to me once or twice, do not fire! do not fire! and he said he would go and talk with them; I said to him, you I imagine are a smuggler; you know the consequence of these things; it is a desperate case; you may prevail with them, perhaps; accordingly he went out, came in again, and told me he had talked to them, and to no purpose; some time after, Hunt says there is a back door, and he swore he would be in at that door; I heard them words said; Hunt came round to the other door; I went to the door to meet him, and desired him to keep off, and begged him to keep off; he still persisted to come nearer and nearer, and would not by any persuasion that I could give him, keep off; I told him I was necessitated to fire; the prisoner was at the other door at the time; I kept drawing back and back as he approached forward, till by some means or other; I cannot say voluntarily; it is a thing that I do not like; but by some means my pistol went off; there was one stick, if not more, in at the door at the time; the prisoner was standing at the other door all the time, as I believe; I heard the prisoner, I think, by the voice, say, woe the devil could have thought Pudsey could have fired.

Mr. Knowlys. You do not know it was the prisoner? - No, I do not; I then opened the door; the company was before the house; and the prisoner said, if he had a pistol, he would shoot me through the body, or words to that effect; the constable came soon after; I cannot say the words I heard say, any farther than swearing and being very desperate.

Did you hear any thing of any money? - I cannot say positively that I did hear him say so.

Was Doody with you all this time? - Yes.

Is he here? - No.

Mr. Knowlys addressed the Jury on the part of the defendant.

GUILTY of opposing and obstructing the officer .

Imprisoned six months .

To find security for six months .

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

142. CHARLES TUCKER was indicted, for that he, at the parish of St. George the Martyr, in the county of Surry, on William Griffiths , an officer of excise, in taking to and for our Lord the King, twenty-four pounds weight of candles, duly seized by him, and liable to be seized by him, unlawfully and violently did make an assault upon him, and him being so on shore, unlawfully and forcibly did hinder, oppose, and obstruct , against the statute.

A second count, for making an assault, and for forcibly hindering, opposing, and obstructing the said William Griffiths , stating him an officer, and generally in the due execution of his duty.

A third count, not charging the assault.

(The indictment opened by Mr. Wycomb, and the case by Mr. Attorney General.)


Mr. Fielding. You are an officer of excise ? - Yes.

In consequence of an information you received, you went into the King's Bench prison ? - Yes; on the 31st of December last, three went in first, and three more came in afterwards, in five or ten minutes; there was Mr. Stainsforth, and myself, and George Barrow , they were all officers of excise; Griffiths came after me, and the marshal was with us; I went into the prisoner's apartment, No. 6, in 15, up one pair of stairs, and there was some candles on a rod; the prisoner was there, and his wife, and his two children, all in a room eating their dinner; there were about one hundred and fifty or one hundred and sixty rods of candles, about one hundred and forty or one hundred and fifty pounds weight; Barrow, and me, and two of the marshalmen went into his room, and then they left me in possession of these candles; there was what they call a dipping mould to make candles, and a tin kettle to melt the tallow in, and there were about forty or fifty pounds weight of candles in boxes; there was some cotton spread, for first dipping as we say; some few spread for first wetting, and there were cottons that were dressed, ready for spreading; and there was cottons in balls, that is, before they are dressed, and there was a stage all round the room, to put the candles on when he made them; I took possession of the candles and the cottons and every thing, and shewed him the warrant; he said but very little, but he went out of his room, and in less than five minutes returned with a number of prisoners with him, I suppose five or six rushed in like a torrent with him, and they took away the candles that were on stages, and he himself took a part of them also; he said he would have the candles, or perish, or die, or some expression to that purpose; I told them at their peril so to do, that they must stand to the consequence, I had seized them for the King; they did take them away all on the rods, with the dressed cotton; and he returned with others to take away the boxes; by that time one of the marshalmen came to his room to my assistance, and stood at the door way and prevented him; then he goes down stairs; there was a large number of people; the prisoner went below, and some of the other officers came up to my assistance; then the remainder of the candles that were in the boxes were taken away by the other officers; the name of the officer that was with me was William Griffiths , and William Smith , and one or two more which I am not sure of, and some of the marshalmen; Griffiths had a part of the candles that were in the boxes, Smith had another part; I had the dipping mould, I went first with the dipping mould, Griffiths followed me out of the room, I ran into the front yard with the dipping mould, as fast as I could; I got out of the prison, and William Smith , I believe, followed me with a small box of candles; before I got out of the prison I heard a noise and tumult behind me; I turned into the prison, and left the dipping-mould without; I saw a great mob in the prison.

Court. What is your reason for knowing it to be his room? - Because it is marked, I think, over his door, No. 6; he was there, and had his bed there.

Prisoner. I have no bed, I was obliged to sell my bed through distress, to maintain my family? - He said he must do something to maintain his wife and children.

- WYCOMB sworn.

I am an officer of excise; I know the prisoner, I saw him in a room in the King's Bench, I observed no particular mark on the room; there was Mr. Whitehead, Tucker's wife, and I suppose his two children; the prisoner was not there, I saw two boxes in the room with candles, I opened them, and saw candles in them; there was a dipping mould, and tin kettle, which I suppose the tallow was melted in, was greasy inside; there was some cotton upon two or three rods to hang candles on; I saw the prisoner again, he came to the room after I was there, he wanted to force himself into the room, but was prevented by one of the keepers; there were several people with him; the cotton and things were put into the boxes, and we all took some; Whitehead came first, I had a box of candles, I carried it down to the bottom of the stairs before me in my arms; at the bottom of the stairs I saw Tucker, along with a great many other people, and he took hold of the box, and endeavoured to take it away from me; I had a tussle with him for a few minutes, in hopes some person would come to my assistance; but none coming, Tucker and the other people that were with him, took away the box from me; he first took hold of the box, and then afterwards finding I would not let go the box, he struck me on the side of the head; I was afterwards knocked down, and the candles flew all about the place.

The blow you received came from Tucker? - Certainly, I was knocked down, and was on the ground two or three minutes, and beat while I was on the ground, but by whom it is impossible for me to say; I had a thick great coat on, which kept the blows off in some measure, but I received the first blow from Tucker; when I got up again Tucker was there; I lost my hat, I picked up my hat, and Tucker was standing in a posture rather of defence, as if he was going to fight, and after I got off, (there was one of the officers advised me to get off as fast as I could) and there was a mob near me, hurraying and huzzaying, and making a great noise.

Prisoner. Ask Mr. Griffiths if he did not strike me repeatedly before I touched him? - Not to my knowledge, I do not think I did.

Prisoner. I could bring a hundred people, if I had had habeas's, that would have sworn he struck me repeatedly.

Court. Did you set down the box during any part of the time, so as you could strike him? - No.

Prisoner. He threw it down.

Did he strike you before you left your hold of the box? - He did; I am very sure of it; and I had not struck him at that time.


I was in the King's Bench prison on the 29th of December, and saw the manufactory of candles carried on, in a room No. 6, in No. 15, which was called Tucker's room; and in a room No. 7, in No. 2, which was occupied by one Fence; on the 30th I petitioned the Commissioners for their warrant, and Mr. Mahew desired me to go again; I went on the 31st to the room, which was described to me by the marshal; Mr. Whitehead went with me; Tucker was standing with his back to the door, eating his dinner; his wife and children were in the room likewise; I saw a vast quantity of candles finished on the stage; there was above a hundred weight and a half of finished candles on the rods, and I observed besides a tin mould for dipping in to make candles, and a kettle to melt tallow, with tallow in it; there was about thirty pounds weight of unmanufactured tallow, that we brought away; I made a memorandum at the time, (looks at it) thirty-two pounds of tallow, and twenty-nine pounds of candles; I left Whitehead in possession, and went and secured another place; when I returned there was a great mob of people below in the yard, and I met one of the officers with thekettle, and he gave it to me, and I carried it to the outside of the prison; when I returned, Tucker was working among some sticks and rubbish, looking for a bludgeon; for when I came down stairs again, he had a bludgeon in his hand, and was standing, swearing he would kill the first man, or words to that purpose, that brought any more of his property down stairs; there was no officer there then but myself; I was coming down stairs, and he seemed to be very resolute, his waistcoat was all loose, and his shirt neck open, and no hat on; I told him not to be in such a passion, for I must make the best defence I could; as there were an hundred people about the door, all armed; I put my hand in my pocket, and took out a pistol, and said I would fire at them, and could not tell which of them it would hit; a great many of them dispersed; Tucker remained, and took up a brickbat in one hand, having a bludgeon in the other: I did not pretend to go out of the place, being able to defend myself; one of the marshalmen came, and desired me to leave what things I had there, and make the best of my way out, for all the other officers were on the outside of the prison; I saw Griffiths all dirt, I did not see who struck him; one of the marshalmen protected me out; they were both very considerable manufactories; there was room to hold five hundred, and stages erected for hanging the rods.


I am an officer of excise; I was coming down stairs immediately after Griffiths, with a box of candles from Tucker's room, and I saw Griffiths attacked at the bottom of the stairs, by Tucker and a great crowd of people; I stood still on the stairs with my box of candles, and Tucker endeavoured to take the box away from Griffiths, who had a box of candles in his hands, in this manner (one at each end); I saw them strive which should have the box; and Griffiths not letting go the box, I saw Tucker strike him on the right side of his face; I never saw Griffiths strike Tucker at all; it was directly before me.


I merely did it for want; I have been a debtor for a small debt upwards of a twelvemonth, I having a wife and four small children, I sold and pawned my bed, and every thing; my wife was ailing, and my children in the small pox; my Lord I could not make half a hundred, what I did was merely through want, that my children should not perish through the sharp thorn of hunger; they cried for bread, and I had none to give them, and I was persuaded to do this to get a bit of bread; Mr. Whitehead and the Gentlemen knew my distress, and they gave my wife money.


Imprisoned two years in Newgate .

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

143. JOHN RYAL was indicted for a misdemeanor , to which he had pleaded Not Guilty, and desired to retract that plea and to plead Guilty .

He was ordered to be sent to Newgate till an affidavit could be made that the plates were all brought up and ready to be destroyed by the defendant, and also with respect to his circumstances.

On Tuesday an affidavit was delivered in on the part of John Ryal , stating that he had ready to bring into court the whole of prints and books of the description of which he had been prosecuted, and found guilty of exposing to sale. And at the same time the Attorney General prayed the immediate judgment of the court on the defendant, informing them, that he had, by the desire of a very respectable description of persons in this kingdom, thought fit to bring several offenders before the court of that description; and as to the present defendant,he was not an indigent offender, but on the contrary, in a substantial way of business; therefore an excuse of doing a crime of the magnitude this was, did not appear in the least to have any foundation with respect to him; and it must appear as a further aggravation of his offence, that he was a citizen of London, keeping an open shop in the heart of that city; and yet as such thought it no crime to poison the infant younger minds of the whole of that community, and that this was not by the open and bold attack of vice, which might perhaps put persons on their guard, and be resisted; but it was doing this - Inflaming passions in the young and tender mind, to an immoderate extent, when reason is not a match for them - inflaming those passions which the Almighty has planted in the human breast, for wise purposes; because he did not chuse that it should rest on the cold reason of man, whether he should have an everlasting succession of human beings, candidates for everlasting happiness; that was too great an object to be left to us; but was made to arise from stronger motives of our affections and passions. My lord (said he) to poison then the spring of human society, by thus contaminating the fountain, is a crime of so enormous a nature, that hardly any punishment I can call for can be adequate thereto; and to an offender of this sort, I publickly declare, I never will hear of any compromise in my chambers whatever: no atonement, or degree of atonement, shall be offered in my chambers: but as the defendant has made a full surrender of what plates and books of this description were left behind, I therefore, on his behalf, beseech the court, that he may have the full benefit of that surrender: let not that, in pronouncing judgement, be forgotten in his favour. I trust, therefore, that your lordship will instantly, if you shall so think fit, pass that portion of judgment, which, considering the atonement he has made, may be deemed sufficient for the crime of thus exposing to seduction the more younger part of the community.

The Recorder then proceeded to pronounce sentence as follows:

John Ryall , you have been convicted of publishing a very obscene libel, so gross that common decency will not permit me to repeat any article of what must give offence to all who are here; the tendency of such a publication to corrupt the morals of both sexes, is too manifest and too enormous to require any demonstration; if the print, like the one before us, can with impunity be placed into the hands of those, who would either contaminate their own minds, or for the vilest of purposes, corrupt and debauch the minds of others: in vain will parents, who with anxious solicitude watch the education of their children, hope to see their earliest endeavours to have their morals free from corruption, their conduct chaste, and their religion pure: in vain will parents hope to see their more laudable views for these good purposes crowned with success: because this work before us tends not only to inflame the minds of the ignorant and innocent, to their own destruction; but to make the conquest over innocence more compleat, it is endeavoured to be done by weakening the force of religion, in holding up to ridicule the most sacred characters. I cannot but take this opportunity of expressing my sentiments respecting those very distinguished characters, who have thought fit to bring conviction home to persons of your description, that they merit the thanks, not only of this court, but of the community at large; it shall therefore be the business of this court to give them effect; and as example is the primary object of punishment, and that your punishment may deter others from offending in the like manner, for that purpose I feel myself compelled to pass the judgment I am about to pass, taking into consideration that you have attempted to make some small reparation to society for the offence you have committed, by a surrender of all the books and prints which have been found in your possession; theseare circumstances that, before a court of justice, ought to have some weight: had you not appeared now so circumstanced, you would have been most indisputably sentenced to the pillory, and then God knows whether, with all the precaution that might have been taken, you might have come away alive: you have taken the most prudent part you could take, and that any man who hath offended the laws of society can take, by making reparation to the utmost of your abilities, in consideration of which your punishment hath been very much reduced, but yet not so much as to take away that impression which it ought to make on your mind, and on the mind of any tradesman who may attempt to do the injury to society that you have attempted, which God forbid any man should do: under these circumstances your sentence is, that you be fined six shillings and eight-pence , that you be imprisoned twelve months in Newgate , and find security for your good behaviour for three years, yourself in one hundred pounds, and two securities in fifty pounds each .

The following respites, who had been capitally convicted in December Sessions, received the King's Pardon on condition of being Transported to New South Wales for life:

Elizabeth Hoseland , Robert Jones , Stephen Hunton , Ann Griffin , Mary Gorman .

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of Death, 1, viz.

Johnson, James - 100

To be transported for Fourteen Years, 1, viz.

Smallwood, Joseph - 128

To be transported for Seven Years, 28, viz.

Audrey, Joseph - 117

Belville, John - 112

Cave, Elizabeth - 104

Clifford, Joseph - 107

Crawley, James- 103

Denny, John- 115

Evans, George- 105

Gilberthorpe, Thomas - 118

Goodman, Thomas - 111

Green, Henry - 108

Hopkins, Daniel - 139

Howard, Henry - 130, 138

Isaacs, James - 130, 138

Mackenzie, Lawrence - 118

Malcolm, John - 102

Mason, David - 110

Massey, John - 136

Neal, Archibald - 125

Palmer, Richard - 132

Partridge, Mary - 128

Rees, Joseph - 111

Smith, George, alias Hannibal, Richard 135

Smith, Sarah - 123

Stubbs, Jonathan - 127

Sutton, Richard - 137

Walker, Sarah - 117

Whitaker, Edward - 117

Wilson, John - 115

To be imprisoned Two Years in Newgate, 1,

Charles Tucker .

To be imprisoned Twelve Months in Newgate, 3, viz.

John Ryal (fined six shillings and eight-pence and find security), William Jenks (fined one shilling), Elizabeth Burkitt (fined one shilling).

To be imprisoned Six Months, 10, viz.

Joseph Francis , John Harvey (fined one shilling), Hannah Rock (fined one shilling), Joseph Head , George Richardson , John Dodd , James Cain , Sarah Field , and Elizabeth Sharp (find security for six months), Timothy Collins .

To be imprisoned One Month, 1, viz. Ann Brown , alias M'Pherson.

To be whipped, 6, viz.

Thomas Patton , John Whitchurch , Timothy Collins , Richard Groomlidge , John Bryan , William Bennet .

The following respites, who had been capitally convicted in December Sessions, received the King's Pardon on condition of being Transported to New South Wales for life:

Elizabeth Hoseland , Robert Jones , Stephen Hunton , Ann Griffin , Mary Gorman .