Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 07 May 2021), October 1791 (17911026).

Old Bailey Proceedings, 26th October 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 26th of OCTOBER, 1791, and the following Days;

Being the EIGHTH 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; and 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 BEAUMONT HOTHAM , one of the Barons of his Majesty's Court of Exchequer; the Honourable JOHN HEATH , one of the Justices of His Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq; Common Serjeant 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.

George Hackett

John Garner

George Lloyd

John Gardner

John Newbald

Thomas Edland

James Slann *

* Thomas Thompson attended the second day in the room of James Slann .

Joseph Lewis

William Slarck

Henry Hooper

James Kearsley

John Dowers

First Middlesex Jury.

Thomas Kendleside

James Rutherford

Thomas Mills

Richard Eskelby

Richard Davis

Charles Ashby

John Ellis

John Parker

Edward Scott

Thomas Whitworth

John Jackson

Charles Johnson

Second Middlesex Jury.

Jacob Dinning

William Eldridge

James Stewart

Thomas Garrard

Ralph Morris

Richard Welch

Thomas Gibbs

Thomas Smith

James Hull

Charles Teasdale

George Howell

Joseph Tilley .

382. JOHN JOHNSON, otherwise KELLY , was indicted for feloniously breaking and entering the dwelling house of Thomas Brooker , about the hour of six in the 14th day of August last, no person being therein, and feloniously stealingtherein a child's skirt, value 1 s. a pair of child's stays, value 6 d a bank note, value 10 l. twenty pounds in money, and other things, his property .


I live at No. 65, Gray's-inn-lane , I am a cheesemonger . I left my house on Sunday the 14th of August, about six in the afternoon, it was then safe; there was no person in my apartments, which are separate from the other parts of the house, and has a different entrance; it is a house let out in different tenements; the landlord does not reside in it; I left my house, and double locked the door about five, or half past five, and all my windows. I returned about a quarter past nine, or before ten, it was rather dark, not quite dark, I could discern people so as to know them. When I came up to my door a woman stood upon the step, I saw the prisoner in the shop; I immediately seized him, and took him with assistance to the Talbot; when he was searched there nothing was found upon him, but in the struggle I took a child's skirt and stays from him. I returned from the Talbot inn, and I got a lodger to stand at my door while I went to the Talbot. I found my drawers broke open by violence, I lost a 10 l. bank note, and about 20 l. in cash, gold and silver, some guineas, some half guineas, crowns and shillings. I have never recovered any part of my property. There was violence on the shop door, the lock appeared to be picked.

Mr. Knowlys, Prisoner's Counsel, Do you sleep at the Canns in Holborn? - No.

Who is it lets the apartments to you in Gray's inn-lane? - No one, I am the householder, I let out the apartments.

Who is your landlord? - Mr. Edmonds, two doors from me.

You found a woman at the door, she went away on your coming up? - Yes.

Did you say any thing about the stays at the Talbot? - I am not certain.

Do you know a man of the name of Turner? - Yes, very slightly.

Do you know Collyer? - Yes, I had a lodger of that name, the prisoner is acquainted with him.


I am the wife of the last witness; I come to prove the property. (A child's skirt produced.) I have the fellow to this skirt, it is my property, I know it by being my own work; it was kept in a drawer that was broke open. I do not know when I saw it before, but I believe a week before; the value of it is about 18 d. the skirt and stays are attached to each other.

Mr. Garrow. Do you call these things skirt and stay, or stay and skirt? - Sometimes one and sometimes the other, they are washed separate, but worn together.

I suppose you call the thing which a child wears under its chin in the month a pair of stays? - No, I do not, I call it a stay.

(Mr. Garrow objected to the naming of the stays and skirt together, and said the indictment was erroneous. The Court overruled the objection.)


On the 14th of August two of my friends coming up Gray's-inn-lane, I heard the cry of stop thief. I saw the prisoner running; I stopped the prisoner, he was taken to the Talbot inn, the prosecutor had hold of him at the same time; I saw the prisoner put his right hand in his pocket, and throw something away, it looked like a handkerchief or napkin. I heard something sound, I followed the sound, and picked up an instrument, it is called a crow, I believe it is the same instrument.

Prosecutor. I dragged him out of my shop, he had like to have been too strong for me.


I am a clerk in a compting-house, I was walking along Gray's-inn-lane, I saw the prisoner throw something, which made a jingle, this is the instrument.


I found this iron in the cradle, I went into the house when the noise was. I believe this is a crow, I found it in the room where the drawers were broke open.


My Lord, when the prisoner at the bar was examined at Bow-street, Sir Sampson ordered me to go to the house, and try the crows; I did so, and they fitted every place that had been broke open. I have no doubt about the crows.


I am a baker, I was standing at my own door, and I was sent for to take charge of the prisoner; I searched him, but found nothing but a handkerchief.


I am an attorney at law; I saw the prosecutor and prisoner at the door of the Talbot, I was just come to town, and had put up my horse; they were struggling, the prisoner threw something out of his pocket, it made a jingle; I followed the found, I thought it might be picklock keys. This is the instrument picked up, I know it by its having been made out of a file.


This person that prosecutes keeps a public-house, I was there, I wanted to go to the Peacock Burton Alehouse; I expected a friend to meet me, and left word I would be back very soon, in coming back they seized me; I know nothing more about it.


I have conversed with the prosecutor many times. Brooker told me he had been robbed, that he had been out, that Kelly had been drinking at his other house; he said he suspected Johnson Kelley ; searched Kelley, and found nothing upon him; I then said, you are mistaken in the man; he said he did not know whether he was the right man he was so flurried; he said he suspected another man, who lodged with him, and who owed him rent, and who had absconded.


I was at the Talbot-inn, when the prisoner was searched, there was nothing found but a foul handkerchief in his breches.


I was at the Talbot, when the prisoner was searched; I did not hear any thing of any skirt being found.


I was going down Gray's-inn-lane, I walked fast, and trod upon a person's heels, he gave me many ill words; I begged his pardon: I cannot say the prisoner is the man.

GUILTY, 18 d. not of the house breaking.

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

383. THOMAS PARKINSON was indicted for that he, on the 29th of November, in the 30th year of his majesty's reign, at Manchester in the county of Lancaster, did marry one Sarah Ashton , widow, and her then and there had for his wife, and afterwards, to wit on the 15th of September last, at the parish of St. Andrew Holborn , feloniously did marry and take to wife one Catherine Burn , spinster , and to her was then married, the said Sarah his former wife being then living and in full life , against the statute.

(The case opened by Mr. Garrow.)


I am parish-clerk of the parish of the collegiate church of Christ, in Manchester: this is the original marriage entries,

"No. 823. Thomas Parkinson , of this

"parish and town of Manchester, glazier,

"and Sarah Ashton , of Manchester aforesaid,

"widow, married by banns." It isregularly entred, and subscribed by the parties; I was present; dated 29th November 1789.


I am parish clerk of the parish of St. Andrew Holborn: Thomas Parkinson , of the parish of St. Andrew Holborn, bachelor, and Catherine Burns , spinster , were married in this church by licence, the 15th day of September 1791; I have attested the marriage, the prisoner is the same man that was married, by that name, at our church.


I was present, when the prisoner was accused of having a wife; he denied it: this copy of a certificate was produced by the first wife, she gave it to me: he at last said, if the truth must come out, you knew when I married you I had a wife and four children; he acknowledged to the first wife.

(The certificate of the first marriage read by the clerk of the arraigns.)


I was married to the prisoner at the bar in September; he declared he was a single man: I was married on the Thursday, on the following Monday I discovered he had been married before, it was said to two other women.


When I was living in Manchester, I married this woman; I found she had another husband living; I found a letter in her pocket from her husband she eloped from him; therefore I thought I had a right to marry again.


Imprisoned twelve Months .

Tried by the London Jury before Mr. RECORDER.

384. THOMAS RAINSLEY was indicted for stealing, on the 20th of September last, two cloth great coats, value 1 l. a linen pillow case, value 1 d. the property of Joseph Wiles ; a petticoat, value 3 s. and other things the property of Elizabeth Holmes , spinster .


I am a single woman; I lost the articles in the indictment at the fire; I am a maid of all work to Mr. Wiles, the things were lost from the house, my things were lost from a three pair of stairs room, they were in a pillow case, the great coats were not in the pillow case, the things I saw upon the day of the fire, I put them into a pillow case, I dropped them down the well stair case; the fire was then burning; I saw the things in the hands of the Constable, he brought them the next morning, it was ten at night when the things were thrown down.


There was a fire very near my house: I had two great coats, they were in a cupboard where I always keep them, opposite to the well stair case; I had one of them on on the Sunday; the fire was on Tuesday 20th of September; the constable has the coats, he shewed them to me the day after the fire.


I am a dealer in glass: I went to see the fire, and assist Mr. Wiles; I saw this prisoner come out of the front door of Wiles's house with two bundles, seeing he went a different way I seized him; he had one bundle on his shoulder, and another on his arm; I told him I knew him, that he inhabited Petticoat-lane; I let him go then, he was about half a dozen yards from Wiles's house, he was not very willing to let them go, he held them tight; Petticoat-lane is about two hundred yards from Mr. Wiles's house; the bundles were taken to Mr. Thorpe's, he lives in Aldgate, about twenty yards from Mr. Wiles's house; after I took the first bundle from him, I saw him in a quarter of an hour, upon the threshold of Mr. Wiles's door; I am positive as to the man.


I am Constable: on the 20th of September there was a fire in Houndsditch; I met the prisoner with the bundle under his right arm, about half past ten o'clock, it was not concealed; this great coat was across the bundle when I took them, I asked him what he had there, he said I had no business with him; I collared him and took the bundles, I missed my hold of him, and took hold of his collar, he twisted round and hurt my finger, it has been lame ever since; he got away from me, I pursued him, and called stop thief, he was stopped by a young man; when he came to the watch-house he said damn your eyes you Jew b - r, I sha'nt weigh forty yet; he after that offered to give me a strike, not to swear against him; he told me a strike was a guinea.


I am a butcher: a man hallooed stop thief! I run after him and stopped him; I took him to the watch-house: Lyon was at the watch-house, it was Lyon who cried stop thief; I saw the bundle lay on the seat.

(The prosecutor looked at the great coats, and deposed to them.)

I have had one of them a year and a half, the other not so long, it is a new one nearly.

Elizabeth Holmes . (Deposed to a cloth cloak, a green baize petticoat, and a callimanco one.) In fact they are all mine, I missed them all on the night of the fire.


About half past nine, I was coming home from Catherine-wheel-alley, I had been to my cousin's; Lyons accused me of the bundle, I struck him; but I am innocent of the robbery, I know nothing at all about it.

GUILTY . (Aged 20.)

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

385. SAMUEL YOUNG was indicted for feloniously stealing, on the 12th of October , four cotton shawls, value 7 s. and six pieces containing thirty-five yards of printed callico, value 7 l. the property of George Anstie and William Baker , privily in their shop .

(The case opened by Mr. Garrow.)


I am a linen draper in Catherine-street, Strand , my partner's name is William Baker , I have no other; Mr. Welch of New Compton-street, was employed by us as our calenderer; the prisoner was a porter coming to our shop, for six or eight months, he came and opened his wrapper on the counter, and whatever we had for him to take to his master, we used to put into the sheet, or by the sheet, and enter them in a book; there were frequently a great many other goods on the counter within reach; on the 13th of October, I received information from Mr. Welch of a suspicion, and went to Bow-street, there I found several articles, four cotton shawls and about three or four pieces of printed callico for gowns; I did not go the prisoner's lodging.


I am an officer at Bow-street; on the 12th of October, I went to the house of Cranfield Richmond , No. 20, Monmouth-street, in a one pair of stairs back room, I found the prisoner, and Richmond, and his wife sitting at dinner; I desired to speak to Richmond and called him to the door, I immediately turned my eye back, and saw the prisoner with this piece of chintz, and attempting to throw it out of the window of the one pair of stairs back room, I laid hold of him immediately; I asked Richmond in the presence of the prisoner, if the prisoner had any box, he said yes two, one locked and one not locked; I found in that room a box, and in that box this property belonging to Mr. Anstie, all the pieces were in the box, in that room where theywere sitting at dinner, here is one piece of printed callico, which I found in his hand, here are four cotton shawls, here are five more pieces of printed callico, these are the articles I found in this room.

Prisoner. It was not that piece that I had in my hand; I had three handkerchiefs in my hand.

Jealous. This is the piece he had in his hand, I put a paper on it, and have kept it ever since.


I am a calendar glazer: the prisoner has been in my service a twelve-month, his business was to collect things and carry others; I went with Jealous to Richmond's, we found Richmond, his wife, the prisoner, and a child, sitting round a table to dinner; immediately on seeing us, the family were alarmed; Jealous called Richmond out, we went immediately into the room, the woman begun crying out; Richmond said for God's sake, Mr. Welch, do not hurt me, I will tell you all; the prisoner must hear it; the door was open; we went into the room, the woman began crying, she said there are goods in this box, and in another box; the prisoner was much agitated, and threw a handkerchief out of the back room window; Jealous immediately held his hands, the box was opened, and I saw the things in the indictment found: we took him in a coach to the justice's with the things.


I live at No. 20, Monmouth-street; I knew the prisoner fifteen years, he came to my house a month ago, to board at three shillings a week; he brought goods there, they were callicos, he brought them in a trunk, I went with him to fetch it from Wood-street, Westminster, and brought it to my house; the next morning he broke the trunk open in my presence, it contained things in brown papers, some were open which contained muslins, that was three days before Mr. Jealous came, they were the trunks of the prisoner, they were the things he brought in the trunks three days before, part of them were the same goods.


I remember the prisoner coming to board at our house, he brought some things in a trunk, some were wrapped up in papers, and appeared to me to be muslins; Jealous came three days after, he took away the prisoner's boxes. On a Saturday the prisoner brought his box, and on Monday night he broke it open, and it contained a deal of property, and I said, Sam, I would not wish that trunk to be opened. I lent him a box, and a good lock and key. On Tuesday he brought home four handkerchiefs, three of them were South Sea handkerchiefs; he gave me one. On Wednesday Jealous and Welch came in, and called out to my husband, I said I had no goods but what was Samuel Young 's; I fell a crying, and said Sam, what have you done? I said I will shew you his goods. Samuel Young , his ownself, at a quarter past nine on Saturday night, brought those articles which Jealous took away on the Wednesday.

(The things deposed to by the marks made by a person in colouring.)

Mr. Alderman Watson. Do you ever sell any of these goods, and let them go out of your shop with the mark upon them? - Yes, I dare say we do sometimes on the shawls. This is my private mark, I never sold any to the prisoner. This is a printed callico, here are two other pieces of callico which have no marks, but are our sort and pattern, with Mr. Welch's name and mark on them.


I am shopman to the prosecutor, this mark I swear to, and the price and shop mark in my hand writing; we sometimes sell these articles with the mark on them. This piece was in our possession on the 3d of October, I do not believe it ever was disposed of in trade; I have been in the shop ever since, and should have seen it go if it had been sold. These shawls have the private mark of Anstie and Baker, I cannottell who made it; I know the patterns of these pieces that have Welch's marks; we had such patterns, there are pieces without marks, I know those patterns; the sixth I know not.

Welch. Here is my mark on two of the three pieces, which proves to me to a certainty that at some time I have received this piece from Anstie and Baker: it is made by me in chalk, it is a hasty way to mark hundreds and thousands. A. B. I recollect no other customers whose names begin so, but Anstie and Baker; the other piece has an A. only, which is not so satisfactory.

Court. What is the value of these articles? - The four cotton shawls are worth about 7 s. the chintz, which was found in his hands, is worth 16 s. the other articles are worth 5 l.

GUILTY , Death .

(Aged 22.)

Mr. Garrow informed the Court he should give up the other twelve indictments against this prisoner.

Tried by the first Middlesex Jury before Mr. RECORDER.

386. JAMES MUCKSTAY was indicted for stealing, on the 30th of September , 7 lb. of tobacco, value 10 s. the goods of Richard Dutton , privately in his shop .


I am a tobacconist , I live in Rosemary-lane ; this property was stolen from my house, I missed it about four o'clock in the afternoon, there was 7 lb. or more behind the counter in the shop, I had not seen it since eight o'clock in the morning, it was roll tobacco; on missing it I sent to the neighbouring tobacconists to stop it.


I am a dealer in tobacco, about seven o'clock, the 30th of September, the prisoner came into my shop, he offered this roll of tobacco for sale, he offered it at 18 d. per lb. it was not a fair price, we pay upwards of 2 s in the wholesale. I sent for an officer, and Mr. Dutton and I stopped the man; Mr. Dutton was present, he said this is my roll, and my hand labour; he said he would swear to it. The prisoner said he had not stolen it, it was given him by a shipmate; we took the tobacco to the magistrate, who sealed it up.

JOB FIELD sworn.

I am an officer, I was sent for to take him into custody.

Dutton. I have not the least doubt of its being my own property, I manufactured it myself; it is not so much as was lost out of my shop, some must have been taken away, Mr. Stole weighed it, and said it weighed about 7 lb. 10 oz. I think I should know it, and could distinguish it as my manufacture, at York, or in any part of the kingdom; there is tobacco made up in this shape for exportation (unrolls the tobacco) I believe this tobacco to be mine by a fold in the ends peculiar to myself. The prisoner was taken the day after it was lost.


Please you, my Lord, I know nothing about it being stolen, as I was coming along from my work I met a shipmate, he asked me if I would have a drink of beer, being weary with work, I said I did not care if I did, he then asked me to sell this roll of tobacco; I told him I did not know where to sell it; he said he took it out of his chest, and was much distressed; I said I would take it to the shop where I bought my smoking tobacco; I went there, and his wife said her husband was not at home; but she sent for him; I was taken up, the gentleman told me to open my breast, in order that he might see if there was a scar on my breast, when he found there was none, he said you are not the man. I am as innocent as the child unborn.

GUILTY. Of stealing to the value of 4 s. (Aged 22.)

Tried by the first Middlesex Jury before Mr. RECORDER.

387. CHRISTOPHER CHANDLER was indicted for stealing a knife and fork, value 6 d. and other things , the property of Francis Williams .


I am a sailor , I met this man, I lost the things mentioned in the indictment about five o'clock on Saturday morning, the 7th of October. I lodge in Red-cross-street, East Smithfield , the prisoner lodged in my room that night, I met him about eleven o'clock the night before, I told him to come with me, and I would give him a lodging, it was too late for him to go to Blackwall, and another boy was with him; in the morning they got up very early, (I am a Venetian) I said what do you turn out early for? I then got into bed and fell asleep; I was on the chair when they went away. The things were in a bag on the chair, he took the things, bag and all. I saw the prisoner on board his majesty's ship Monarch; I belonged to her five years, he was on board five or six months. I went to St. Catherine's the day after I lost my things, I catched the prisoner by the arm, it was between seven and eight o'clock at night; he had nothing of mine about him; he made his escape. This gentleman found a knife on him, I did not examine his pockets myself; I have found nothing but my knife.


On Saturday morning the 8th, the prosecutor applied to me and described the prisoner; he told me he had hold of him, but he escaped; I found him about eleven o'clock at the Sun, St. Catherine's; this was on the 11th, Tuesday; I searched him, and found this knife and fork. (Prosecutor deposes to the knife and fork produced by Dawson.) I have had this knife eleven or twelve months, it was in the bag.


It was ten o'clock at night when I went into the house in St. Catherine's, the prosecutor says it was between seven and eight; I went to that house for a lodging. On board that ship there were many knives like that.

GUILTY, of stealing the knife only .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

388. JOHN TENNANT was indicted for stealing, on the 18th of October , six geese, value 18 s. and one tame hen, value 1 s. 6 d. the goods of Joseph Wilkinson .


I am a poor man, I had six geese and a tame hen fowl, I shut them up over night, and missed them on Saturday morning; I saw them on the Sunday following at Bow-street, Mr. Etherington, of the Bell, at Kilburn, had them; Sir Sampson Wright told us to make the most we could of them, as they were nearly spoiled; they were marked four in the left claw and two in the right. I could swear to them, I bred them: the fowl was a double comb pullet. I do not know that the prisoner was ever seen by me near the place.


I am a servant to Mr. Etherington, of Kilburn Wells, I am collector of the tolls. The 15th, Saturday morning, the prisoner came to the gate, I asked him how far he was travelling? he said he was going to London; he had the geese in a bag on his back; I said, have you been robbing a hen roost? the bag was bloody, I stopped him, and in the bag I found four fowls and six geese, all dead, but quite hot, they were brought to Bow-street. The prosecutor appeared on Tuesday. Mr. Wilkinson saw all the things. The prisoner said he did not know who they belonged to. The prosecutor swore to them.


I am a labouring man, I live in the same house with Wilkinson; I was going to work on Saturday morning, there wasblood in the out-house where the geese were shut up, that is in Wilkinson's place; he had six geese and a tame fowl, the fowl roosted on the rack with mine, I can swear to the geese and fowl, having known them so long, I did not take any exceptions of the fowls.


I was coming over the common, and I heard these geese cry out, as I went up to them there was a man ran away, therefore I took them and put them in my sack.

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

Gee. It was near three miles from the turnpike where I seized the prisoner.

GUILTY , (Aged 28.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

389. JOSEPH MANNIKEY and THOMAS KINCAID were indicted for feloniously stealing, on the 4th day of October , one live goose, value 2 s. the goods of Thomas Humphrey .


I live at Mile-end , I lost a goose, I was at market; when I returned I discovered I had lost a goose.


I live at Bethnal-green, I am a cow-keeper, I was looking out of my stable, and saw the two young men take Mr. Humphrey's goose out of an out-house, it was taken out by means of a stick put over the fence, where he keeps a great many, and they cut its throat in a ditch, and hid it under weeds. I sent to Mr. Humphrey, it was about nine o'clock in the morning; I saw them taken, I am certain they are the two men.

- PRESTON sworn.

I saw the prisoners taken, I saw the goose taken by Fairfax, with its throat cut.


I am quite innocent, I know nothing of the matter.



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

[Kincaid: Transportation. See summary.]

[Mannikey: No punishment. See summary.]

390. WILLIAM JONES was indicted for feloniously stealing a pair of hose, value 1 s. and a gown, value 2 s. the property of John London .


I am the wife of John London , a neighbour told me there were thieves.

JOHN WOOD sworn.

I am an hostler, I was going across Little St. Martin's-lane, I heard the cry of stop thief! the prisoner was stopped; I have had these things ever since they were taken from the prisoner.

Ann London . The two stockings and bed gown are mine.


I was crossing West-street, I heard the alarm of stop thief, a soldier and a sweep chimney took me right.


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

[Transportation. See summary.]

390. MARY WOODHOUSE was indicted for feloniously stealing, on the 13th of October , seventeen yards and three quarters of printed cotton, value 1 l. 10 s. the goods of Edward Gibson , privily in his shop .

(The witnesses examined separate.)


I am a linen draper , at No. 149, Bishopsgate-without ; I lost seventeen yards and three quarters of printed cotton, but I did not miss it, till I was asked to see some linen at Mr. Franklin's, three doors from my house: I was in the shop serving a customer, when the prisoner came in.

Mr. Knowlys, Prisoner's Counsel. You knew this woman that you was serving? - Yes.

You knew where to find her? - Yes.

She is not here? - She is not.


I know the prisoner, I have frequently seen her in the shop before; the 13th of October, the prisoner came in, and bought a quarter of a yard of Irish, and paid for it, and went out; she did not return; I went after my master returned, and saw the prisoner, and the printed cotton, at Mr. Franklin's, a liquor shop, where the prisoner was detained; she was near the part of the counter where my master was serving some sheetings; the printed cotton lay at the end of the counter, near to the door, within half a yard of my master; she asked the price of some sheeting, of my master; what she bought was of George Hops , he is here: she was as near to the cotton, as I am to my hat; I did not see her take it; I had not the least suspicion of her; I saw the cotton at Franklin's in about ten minutes or a quarter of an hour: there is my hand writing on the end of it, the letters are, U. M. X. all of my hand writing; that article was upon the counter, when the prisoner entered the shop; I had been shewing it to a customer a few minutes before.


I served the prisoner at the bar, with a quarter of a yard of Irish; I do not know any thing of the cotton, there was only one customer in the shop besides the prisoner.


I am a cheesemonger; on the 13th inst. the morning the property was lost, the prisoner came into my shop; I was present when she was searched; I followed her into a liquor shop, next door to me; his name is Franklin; I thought she had something improperly come by; she refused to let me search; a constable was sent for: I saw the property found in her apron, which was in one part tucked under her arm, the constable took it from her; I went to Mr. Gibson's, and told them of the robbery.


I am a constable; I took this printed cotton from the prisoner, it was in her apron. (Prosecutor deposes to the cotton.) I have not the least doubt about it: I had been taking stock; I know this is a capital offence.

I ask you Mr. Gibson, whether you do not know that the prisoner is indicted for a capital offence? - Yes, I do.

Jury to Prosecutor. Did that customer tell you, she had seen the linen taken out of the shop? - No she did not, and if she had, I believe she would have told me: the value of the goods is 30 s.


I leave it to my counsel.


The prisoner gets her living by mending gowns; she has three children.

GUILTY, of stealing the goods, but not privily .

Tried by the London Jury before Mr RECORDER.

[Transportation. See summary.]

391. SUSANNAH NAIRN, alias NOON, alias TALBOT, alias RILEY , was indicted for feloniously stealing, on the 14th of October , ten muslin handkerchiefs, value 20 s. the goods of Anthony Twiddle , privily in the shop of the said Anthony .


I am a brother to the prosecutor, he lives in the Minories ; I was in the shop whenthe prisoner came in, on Friday, 14th of October, about six o'clock, I saw her come in, and she asked for muslin handkerchiefs; I shewed her some; she looked them over about ten minutes, she agreed to have one cut off for four shillings and six pence, she did not pay for it, she said she would go over the way and fetch her husband, he wanted something for shirts, she went away, and never returned; I did not miss any thing then, the next morning a gentleman came to our shop; he had the prisoner secured, we looked over the goods and missed a piece; I never had seen the woman before: I swear positively she is the same; we lost ten handkerchiefs, all in one piece; I shewed her the same piece; I shewed her several pieces, this was the first I shewed, there is a shop mark upon it, different pieces have different marks; I put this piece under the rest; I packed up the things; I have never seen the piece since it was stole, there was only Sheldon and two customers in the shop, besides me and the prisoner, four in the whole.


I am shopman to Mr. Twiddle: I saw the prisoner come into the shop, the first witness attended her; she had no cloak on; I am sure it is the same person; on the morning following, a gentleman brought the mark and shewed to me; I went to the place where the muslin was stopped, and saw the prisoner and the muslin, it was marked in characters made by my master, it is the characters used by the shop, we sell goods with the mark of the shop sometimes; I think I had seen it the day before, the wrapper had not been opened that day until she came in; I can with propriety swear it was my master's property, the value is twenty shillings; I do not know either of the other customers; this woman was in view of the other customers in the shop.


I keep a shop in Red-lion-street; the prisoner at the bar came to my shop, and brought a piece of muslin handkerchief in her apron; she wanted some person to help fold them up; she asked a lady who was in the shop; she came to me in a room adjoining the shop, she came in and gave me the folded part, there was two loose; I told her I thought they were not hers; she said they are not. I told her to send the owner for them. She returned in a quarter of an hour, and said now I have brought the owner, I am the owner said she; she said, I stole them, and what do you think of that? she had no name she said, she was born in the reign of King Charles. She repeatedly told me she had stolen them, I asked her of whom? she refused to tell me. I delivered the property to Christian, the officer, that night. She came to me the 14th of October, between six and seven at night, the man's name is Gilson who took the shop mark to Twidle's; when she first came she appeared sober, but when she came the second time she appeared in liquor.


I am a constable, I produce a piece of muslin handkerchief, I received it from Mary Edmunds ; the prisoner told me she had bought them at 2 s. each in Rag-fair; after all, she said she had stole them. I do not know that she was drunk, she appeared in an odd way.

Levi Twidle . I can swear that they are our handkerchiefs, my Lord.

Solomon Sheldon deposed to the handkerchiefs.


About half an hour after three the woman who had these handkerchiefs, asked me 2 s. 3 d. a piece, I bid her 2 s. she followed me to the Rosemary Branch; I bought them, I was obliged to make a pledge to buy them. When I was in the shop the gentleman shewed me only two pieces of handkerchiefs, and two pieces he took back again.

GUILTY, of stealing, but not privately in the shop .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

392. WILLIAM UNDERWOOD, otherwise WILLIAM WHITAKER , was indicted for feloniously stealing, on the 29th of September last, a silver pint mug, value 50 s. the property of Thomas Meadows , in his dwelling-house .

And EDWARD PURSER was indicted for feloniously receiving the same, knowing it to be stolen .

The witnesses examined separate.


I am a dyer , I lost a pint mug on the 29th of September, I went out about five, I returned about seven, I saw the mug in the parlour, I know nothing of the prisoner.


I am servant to the prosecutor, the prisoner took the mug, I did not see him take it; he came to our house about half after five with three artichoaks, that was Whitaker, and he said they were for my master, who had ordered them; he said they were not paid for; I said, I suppose you brought them from Mr. Fogg's, and he said yes; I told him my master or mistress would pay him for them; he said, very well; he asked for a little small beer, the apprentice went for the beer, and I asked him to twist the stalks off the artichoaks, and he did, and I left him; and while the lad was gone for the beer he went into the parlour, and took the mug; he did not wait for the beer, I saw the mug was gone. I saw the prisoner afterwards the same night at the watch-house, he said there he did not know the street where my master lived. I found the mug at his lodgings.

(The constable produced the mug.)


The two prisoners were laying together in a room on some straw, I asked one of them if his name was Whitaker? he said yes, but his name was Purser; then I took the other, which was Whitaker; he wanted to go backwards, that was denied him; he squatted down, and out of his breeches I pulled this mug.


I searched the prisoner, the patrol took this mug out of Whitaker's breeches, and gave it to me; I found nothing on the prisoner Purser. (The mug deposed to by the crest, a hawk upon a coronet.) I have no doubt of it.

Court. What is the value of the mug? - The value of the mug is about 30 s.

Court. You have valued it at 50 s.


I know the prisoner Whitaker, and drew him some beer.

Court to Prosecutor. You never sent any artichoaks home? - No.


I was not absent that same day this accident happened, I had been in company with two young men from two to four at the waterside, I had a little drop in my head; I came home, it was three quarters after nine, I knocked at the door, where I thought to get a lodging, they said the bed was let; I said we were destitute; she said I might lay there, and the two young men that lived up stairs came down, and we were in the room. I knew nothing what I was taken for, I had no artichoaks to sell that day, I have witnesses enough.

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



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

393. SIMON ISAACS was indicted for stealing, on the 24th of October , three coach cushions, value 10 s. the property of Richard Pope .


I am a hackney coachman, I lost a cushion out of my coach between ten and eleven last Tuesday night; I was called from the stand in West Smithfield, and was ordered to go to Petticoat-lane by one Mr. Tobit, he ordered me to drive up, I refused at first, I was afraid of being robbed; I did drive up, and stopped about the middle at the corner of an alley; he told me to turn about, he desired me to see where he went to; I refused to go up the court at first, he said I need not be afraid; I went into the public-house and drank some negus; I returned back to my coach, when I returned to my coach I found the off-side door open, and my seats were gone; I told a Jew who stood by; he told me he believed he could shew me where I could get my seats again; we went to an alley opposite, where we met Simon Isaacs ; he said why did you bring the man to me, when you know I never buy any thing of the sort? I said to him, Shimmer, if you will help me to my seats I will give you any thing. He said, hand me over 5 s. and your things shall be brought to light. I gave him 5 s. and he told me to go and get a pint of porter, I did so; before I had drank it I was called out, and I saw Simon Isaac with my seats upon his arm; he said you may thank me, if you had been five minutes later you never would have seen them more. I took the seats, and wished him good night.

(The seats deposed to by the prosecutor.)


He came to my house, and said how do you do Mr. Shimmer; says he, I have lost my seats; I suppose they have only played the rogue with them; says I, as I know you, I will see if I can serve you; if I can do you any good, says he, ten years hence I will do it, God bless you, and I thank you.


Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

394. JAMES WALLIS was indicted for stealing a cheese, value 5 s. the property of Richard Kaye .


I am a cheesemonger , I lost a cheese on Monday forenoon last, I live in High-street, St. Giles's ; I found the cheese upon the prisoner, I saw him loitering about the door, I called him, and asked him what he wanted, he begged for a halfpenny. A Mr. Lee came to me, and asked me if I had lost a cheese, as a man had offered one to sale: I went to Mr. Lee's, and saw the prisoner with the cheese under his arm. The cheese is mine, it is marked H, there are eight in a pile on the window; I missed it as soon as Mr. Lee came into the shop. The prisoner begged me to forgive him, I said it was out of my power.

Mr. LEE sworn.

I have kept this cheese from the day it was taken from Mr. Kaye.


My Lord, I have nobody here to speak for me, I have no witnesses.

GUILTY , Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

395. MARY HUGHES was indicted for stealing, on the 20th of September , one silver watch, value 40 s. a steel chain and seal, value 1 s. one half crown piece, and 6 d. the property of James Mann , privily from his person .


I am a labourer ; on Saturday night I was going from Dartmouth-street to St. James's Park , between nine and ten o'clock, there were four or five women and a soldier together; the prisoner came up to me and wanted me to go along with her, I refused, and said I was a married man; she unbuttonedmy breeches, and wanted me to be connected with her; during this time she took my property; she was with me about ten minutes. She had hold of me, I tried to get away, I gave her her civil words, and said I was married. I am sure she is the woman, I saw her the next morning. I was very sober, it was star light.


I went to the prisoner's room, she was in bed, I told her to get up; after that two more women came into the room, she directed them to go with me where the watch was; I went with them, and when I came there I told the young woman I came for the watch. She asked by whose order? one of the girls who went with me said, by order of Mary Hughes . She then delivered it.


I went after the prisoner, I found her in bed, the handkerchief fell off the bed; the prosecutor said it was his. I said, the watch cannot be far off.

(The watch and handkerchief deposed to.)


I never saw the gentleman till that morning, he said I will not hurt you.

GUILTY, of stealing, not privately .

Transported for seven years .

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

396. ELIZABETH CLOUGH was indicted for feloniously assaulting Wolfe Levy on the king's highway, on the 25th of October , and putting him in fear, and feloniously taking from his person a man's hat, value 1 s. three shillings and sixpence in money, the property of Wolfe Levy .


Coming down Winfield-street , the 25th of this month, about twelve on Saturday night, this girl took my hat off, and put it on her head; I asked her for it, she run away, she run into her lodgings in George-street, Spitalfields; she said if I gave her a shilling she would give me my hat. I gave her a shilling, she threw the hat on the stairs, and after that she took it up into the garret. I went up into a room where there was seven or eight beds, and as many men, they appeared to be asleep. I asked her for my hat, she said if I gave her a glass of gin; I refused. She throwed me on the bed, and took 2 s. 6 d. out of my pocket. I was very sober, I had been to the opera. She ran down stairs; I went out, I met a man I knew; he advised me to go to the patrol, who took her.


I am a patrol, I went to the house, and took her.


I never saw the man before he came into my room with the patrol, he took me half undressed.

GUILTY of stealing two shillings and sixpence, but not of putting him in fear .

[Transportation. See summary.]

397. WILLIAM TELLFAIR was indicted for stealing, on the 21st of September last, twelve striped Bath great coats, value 5 l. two cloth coats, value 3 l. five Bath coats, value 3 l. 10 s. three pair of velveret breeches, value 30 s. thirteen pair of fustian breeches, value 8 s. seventeen yards of black velveret, value 30 s. the property of - Elliot .

And ANN, the wife of THOMAS HARRIS , was indicted for receiving the same goods, knowing them to have been stolen .


I am a slopman, I delivered the goods mentioned in the indictment, directed to aMr. Buckwell and another, at Tenterden, in Kent, on the 21st of September; I gave them to my porter, whose name is John Randal , to pack up and carry to Mr. Elliot.


I am porter to Mr. Brounger, I carried some goods on the 24th of September to the George Inn, Borough ; they were in wrappers, directed to Buckwell and another at Tenterden, I delivered them to Willoughby.


I belong to the book-keeper, I received the things of Mr. Randall, the porter, directed as beforementioned, I put them into the waggon about six at night.

- ELLIOT sworn.

I received this package the 21st of September, directed as above, I lost it out of the yard in London before I set off, they were put into the waggon between six and seven in the evening, I saw them put in, I did not miss them at all till I was informed of them. I did not go with the waggon that morning, one Pass drove it, he is not here; they were in the fore part of the waggon, when I searched nothing else was missing; none of the ropes had been cut, it was a covered waggon.

Mr. Garrow. Have you no partner, or joint property? - No.


On the 21st of September we received an information that a waggon was robbed, and we proceeded from Day's house to Mrs. Harris's, the woman prisoner, in Old-street ; we knocked at the door, my partner Carpmeal was let in first, and proceeded to the back room, and saw Tellfair standing over this property, and part on the table looked as if it was divided, being all unpacked. I said, Mrs. Harris, come hither, whose property is this, and who brought it here, is it yours? she said no, Mr. Townsend, it is not, that man (pointing to Tellfair) brought it here; he was standing by, we secured them both.

- CARPMEAL sworn.

I was with Townsend, I knocked at the door, Mrs. Harris's daughter opened the back door. (Deposed to the same effect.) We found the bills of parcels. Mrs. Harris said, Tellfair brought them, and wanted to sell them to her for 20 l.

(The things deposed to by Brounger.)


A man asked me to carry it.


Transported for seven years .


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

398. JAMES KITCHIN was indicted for stealing, the 1st of October , a silver table spoon, value 10 s. the goods of Aaron Abada .


The prisoner was our servant , or chairwoman.


I am wife of the prosecutor, I did not know when the prisoner took the spoon, but it was pledged the 1st of October; I did not miss it till the 13th of October.

(The pawnbroker produced the spoon taken in from the prisoner the 1st of October.)

I lent her 4 s. upon it, I had no suspicion of her, I have seen her before, she said she brought it for her mistress.

(Deposed to.)


I did it through necessity.


( Recommended to mercy by Mrs. Abada .)

Fined 1 s. and imprisoned six months .

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

399. WILLIAM WILLIAMS, alias THOMAS WILLIAMS , was indicted for stealing, on the 15th of October , a black lead pencil, in a silver case, value 5 s. the property of Nicholas Middleton , privily in his shop .


I keep a stationer's shop in the Strand , near the New Church, on the 15th of October I lost a silver case of a pencil, with a pencil in it; I was not present.


I live with Mr. Middleton, I was in the shop on the 15th of October; I saw the prisoner in the shop about eight in the evening, he asked to see some pencil cases, I shewed him several, he bought none; he came in alone, nobody else was in the shop; he staid ten minutes or a quarter of an hour; I did not miss any thing, he bid me a good night, and went out of the shop, and was brought in again by the patrol; he was searched in my presence, and it was found upon him.

The PATROL sworn.

I received information from a lady of a man having stolen a silver pencil; I walked backwards and forwards, and the prisoner was looking at the pencils six or seven minutes; when he came out of the shop Sir Sampson's patrol and I stopped him, and brought him into the shop, and Sir Sampson's patrol searched him, and found a silver pencil in his left sleeve.

- STEWART sworn.

I am Sir Sampson's patrol. Deposed to the same effect.

(The pencil deposed to by the prosecutor and Pickering, by a private mark.)


I bought this pencil of a Jew the day before, and I wanted to send another to my cousins at school. I was very much in liquor.

Patrol. He did not appear to me to be much in liquor.

Court. What is the value of that pencil? - The intrinsic value I look upon to be 4 s. not 5 s.

GUILTY, Of stealing to the value of 4 s.

Fined 1 s. and imprisoned six months .

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

400. WILLIAM CLINCH , JOHN OWEN , and THOMAS BLAIR , were indicted for stealing, on the 19th of October , twenty-four metal pap spoons, value 3 s. twelve metal table spoons, value 3 s. thirty-six metal tea spoons, value 12 d. the property of Richard Yates .


I am Mr. Yates's clerk, he is a pewterer , No. 20, Shoreditch ; on the 18th of October, Mr. Yates received a letter informing him of the robbery; I marked some goods about one, and about six in the evening Mr. Yates and I went out, and returned at eight, and searched every workman; a dozen of spoons were found on a chair, another dozen found under a chair, but who put them there I cannot say. I marked the spoons after they were found.

JOHN PITT sworn.

I was employed by the prosecutor, on the 19th of October, about seven, I met my master, he begged me to stop to be searched, the three prisoners were ordered to stand by themselves in the parlour. My master readthe letter; during that time one dozen of spoons were laid on the chair behind where Clinch stood, and I heard a rustling, and saw Owen shuffling something into his bosom. I asked him what he had there, he said he had nothing, but turned round, and attempted to pull off his coat, and there was a bundle laid on the ground between his legs; neither Clinch nor Blair stooped down at this time; there was a carpet on the room and a cloth over that, and each spoon was in a single paper.


I am another of the journeymen; last Wednesday I was desired to keep a sharp look out after the three prisoners; I placed myself opposite to them, and while my master was reading the letter I observed Clinch stoop with his hands under the chair behind him, and there was a dozen of spoons, which master opened; then Pitt took the candle and looked, and there was no more then: while these spoons were examining, a second parcel was found near Owen, between him and the chair; he stood before the chair, close to it; I do not say whether the spoons were between his legs, for when charged he moved his situation.


I was present at the search, I observed nothing particular till the spoons were taken out of the chair, then I saw Owen endeavouring to shift himself, and I saw him stoop, and something dropped, I did not see it, I heard it.


I have a stand in the Fleet-market, I sell hard ware and spoons; six weeks ago the prisoner Clinch offered and sold me some spoons, I gave him two shillings a dozen, and bought of him several times; he said, I make them myself, I live in Petticoat-lane. (The spoons that were found on the chair near Clinch deposed to, marked R. Y. And are part of the goods that were marked.)


About five weeks ago I was coming down Holborn, and met a man with about six dozen of table spoons and tea spoons, he stopped me, he asked me to go of a message for him, and he shewed me the spoons, and bid me go to a woman that stands in the Fleet-market, and sell them, I did so, and he gave me a shilling.


I know nothing of the spoons, nor knew nothing of them till that night we were stopped.


Fined 1 s. and imprisoned one year .


Transported for seven years .


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

401. EDWARD SHEPHERD was indicted for stealing, on the 11th of October , twenty-four yards of sacking, value 14 s. the property of George Dyer and Frederick Klein .


I lost the sacking on the 11th of October last; it was on a Tuesday; I only prove the property.


I saw the prisoner take the sacking from the warehouse between one and two; I saw him stopped with it. The prisoner brought it back to the warehouse, and put it down.


I am shopman; I had been to dinner, and left this man Brotherhead in the shop; I was informed the prisoner had taken something; I ran after him; he was about 20 yards; I followed him 100 yards; I asked him where he was going with it; I took him by the collar, and made him bring itback. The cloth is marked D 7; it contained 24 yards; it was in the shop; I had set 20 pieces ready to go away; this was one of that 20.

Mr. Knowlys, Prisoner's Counsel. Was this made up into a sack? - All in a roll.


I am constable; I was sent for to Mr. Dyer's shop; I took charge of the prisoner, and have had the sacking ever since. (Produced)

Mr. Knowlys. Did the prisoner come back quietly? - Yes.

(The sacking deposed to.)

Prisoner. I leave it to my counsel.

The prisoner called seven witnesses, most of whom knew him from his infancy; they all gave him a very good character.

The Jury recommended him to mercy on account of his family .

GUILTY. Whipped .

Tried by the London Jury before Mr. RECORDER.

402. ELIZABETH CHAMBERS was indicted for stealing, on the 22d of October , one woollen cloth coat, value 40 s. one Marseilles waistcoat, value 3 s. one cotton ditto, value 3 s. one pair of velveret breeches, value 3 s. one pair of sattinet ditto, value 10 s. a muslin handkerchief, value 1 s. two pair of hose, value 18 d. the property of William Kinslen ; and one pair of cotton stockings, value 2 s. the property of Robert Howden .


My house is in Aldersgate-street , opposite Little Britain; I came home about nine last Saturday evening; I found my two pair of stairs front room on fire. The prisoner was my servant ; I suspected her of stealing several things. I had her taken up as soon as I had put the fire out. She was going to bed; I found in one of her shoes fourteen duplicates; her bed-room is one pair of stairs above the room that was on fire. I found many of my things upon examining at the pawnbroker's.


I am an apprentice; I know the prisoner; she pledged a pair of breeches with me the 7th of September, a pair of stockings for 9 d. the 20th of September; the breeches are velveteen, the stockings are worsted; a coat for 6 s. 2 d. the 24th of September, and two waistcoats for 6 s.

Prosecutor. I never gave the prisoner leave to pawn any thing for me.

(The clothes produced.)


I have mended my father's stockings; those stockings are mine.

(The prosecutor deposes to the coat.)

I have had the coat twelve months; I am sure it is mine.

(Prosecutor deposes to the waistcoat.)

Prisoner. I leave myself to the mercy of the Jury.


Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

403. SUSANNAH NORRIS was indicted for burglariously and feloniously breaking and entering the dwelling-house of William Lovell , on the 23d of October , about nine in the night, and stealing five silver tea-spoons, value 5 s. a breast-buckle, value 2 s. and two silver table-spoons, value 20 s. his property .


My house was broke open the 23d of this month.


I live at Ware, Herts; the prisoner gave me a breast-buckle about ten o'clock on Tuesday night, about three weeks ago; a man had got her in hold, and she then gave it me.


I am constable of the parish of Ware. Mr. Watkins gave charge of the prisoner; after that he knocked me down because I would not let him take the prisoner away. About six in the morning the prisoner said, she wished I would go to Ann Crow 's, as she had left two silver spoons with her, and a breast-buckle with Hitch.

ANN CROW sworn.

I received two spoons from the prisoner on Tuesday night; she desired me to be good enough to keep them for her till next day.


I apprehended the prisoner. I did not beat Brown; he beat me. I apprehended her, and took her to a public-house. The prisoner is, I believe, some relation to Lovell.


I have nothing more say, than the window was fast. The prisoner is my niece; I brought her up from her infancy. I came to prove my property in the spoons: those five tea-spoons are mine; one is marked I. P. my first husband's name. Three weeks ago, or better, I missed the spoons in the morning.


I saw the windows of the house fast; I did not sleep there.


I saw the window open in the morning.

Prosecutor. I married the prisoner's aunt. (Deposes to the table-spoons and breast-buckle.) They are all marked W. A. L. I have had the breast-buckle seven or eight years.


My mother gave the things to me; she lives in Green-street, Enfield; I have nothing to say but I am innocent. I have no witnesses.

GUILTY of stealing to the value of 39 s. (Aged 17.)

Privately whipped , and discharged.

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

404. PATRICK DORAN was indicted for stealing, on the 27th of October , twenty pound weight of lead, value 2 s. the property of William Kendall .


I lost some lead the day before yesterday from the back gates; I saw it ten minutes before it was taken away. A neighbour pursued the man.


I live within a few doors of Mr. Kendall. I saw the prisoner go by with some lead; he came back, and went to Kendall's yard. I went round, and told his hostler I thought some lead had been taken away; while I was talking, the prisoner came out with another piece of lead. I watched him, and saw him deposit the lead in a house in Ball-yard.

"(The lead produced.)


The foreman of the carpenters cut the lead, and sold it; and he sent me another time with another piece, and I sold it for fourteen pence.


Fined 1 s. and imprisoned six months .

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

405. JOHN MOORE was indicted for stealing, on the 17th of September , four pair of leather shoes, value 20 s. the goods of Baltus Ford , privily in his shop .


I am a shoe-maker ; I live at No. 31, Swallow-street ; I did not then miss the shoes, till I heard they were stolen. On the 17th of September I was informed of it, and searched and found I missed four pair. The prisoner was often a customer.


The prisoner brought these shoes to me at different times, one pair at a time; I asked him particularly concerning them; he said, a shoe-maker was indebted to him for hair-dressing, and paid him in shoes. I lent him 3 s. a pair; that, I imagine, is pretty near the value.

(The shoes deposed to.)

GUILTY. 3 s.

Transported for seven years .

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

406. JAMES SIMPSON was indicted for stealing, on the 24th of October , an hundred pounds weight of lead, value 5 s. belonging to Ann Dennis , and affixed to a certain building of hers , against the statute.


I am a watchman; I took the prisoner into custody. The prosecutrix lives at No. 2, Percy-street . I took him the 24th of October, about ten minutes after nine at night, in Stevens-street; I stopped him accidentally.


I am a patrol. Last Monday night, a little after nine, I took the prisoner with the lead, the last witness was with me. The prisoner said, he found the lead by a watch-box.


I live in the prosecutrix's house. On the 24th, in the evening, I was at home; I was looking to see if the rest of the lead was gone, a part was gone before. I saw the lead on the pump next the mews the night before. The lead is fixed to the wall of the house.


I saw a man on the building between nine and ten; I do not know who the man was; it was very dark; it is in a mews.


I saw the prisoner close to the place where the lead was taken away; it was a quarter past nine; he had nothing about him.


I was the constable of the night; I detained the man, and fitted the lead the next morning; it fitted exactly; it seems to be ript off.

Court to Matthews. When you took the prisoner in Stephen-street, how near is that to Mrs. Dennis's house? - About 200 yards.

Prisoner. I found the lead.

(The lead produced, and deposed to.)


Transported for seven years .

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

407. CHARLES CRAWLEY was indicted for stealing, on the 2d of October , three pieces of cotton bed furniture, value 2 s. a Marseilles petticoat, value 12 d. a dimity ditto, value 2 s. a check apron, value 6 d. a cotton bed-gown, value 6 d. a pair of stockings, value 6 d. the property of Francis Assen .


I am a perfumer , No. 10, King-street, Soho .


I am servant to the last witness, the articles in the indictment were taken from theshop in the morning about nine, that was Tuesday morning last; I heard a noise in the shop, saw the door open, went in, and missed the things in the indictment, I saw them in the shop that morning. The prisoner was taken in a few minutes; I pursued him, and saw him drop the linen; they were loose, I did not see him go out of the house, but I never lost sight of him after I once saw him. I am sure he is the man. The things were delivered to the officer.


I took these things taken from the servant, I did not see them on the prisoner; the young woman was picking them up.


I am an officer, I run first and took the boy ; I did not see the articles upon him.

(The things deposed to by Elizabeth Roberts .)


A young man offered me sixpence to carry them.

GUILTY , Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

408. BENJAMIN COLEMAN, alias COBURN , was indicted for feloniously breaking and entering the dwelling house of Daniel Egan , between the hours of four and six in the afternoon of the 24th of August last, Sarah, the wife of James Devon , and Elizabeth Campbell , spinster, then being therein, and feloniously stealing a black silk cloak, value 20 s. a shawl, value 5 s. six yards of cloth, value 5 s. a pair of shoe buckles, value 20 s. a pair of ditto, value 2 s. a thimble, value 12 d. and a seal, value 12 d. his property .

Mrs. EGAN sworn.

I am wife of Daniel Egan , I was in the country, I only speak to the property.


I was in Mr. Egan's house, in the City Road , the 24th of August, Sarah Devon was with me, the family was from home, I remember the house being attacked between four and six; I saw the man pass by the bar, as I was sitting there, (it is a public house,) and I went after him, and took a piece of linen cloth from him; it was the prisoner, he seemed to come from the stairs; I stopped him about fifty yards from the door; I do not know how he got into the house: I took care of the house with Sarah Devon , in the absence of the family. The cloth was taken from the bed room, two pair of stairs; I had seen it there, but it was more than a week or a fortnight before; I locked that room that day between twelve and one, I had not been in it afterwards, I had the key all the time in my pocket; I examined the door when the man was in the house in custody; the door had been unlocked not forced, the drawers had been wrenched open, and the things in the indictment taken from them. I saw all the things taken from the prisoner, I had seen them in the house before; I never saw the prisoner at the house but once before.


I assisted in looking over these things, I suspected the prisoner passing by; I told this last witness to follow him, she stopped him; I pulled a cloak out of his pocket, and I said it is my sister's cloak; he said, is it? I saw part of the things taken from him, but not all; I saw the shawl the day before on my sister's neck, when she went out of town she pulled it off dirty; it was up stairs, I never went up stairs, I took care of the bar.


I was going by the house at the time of the robbery, and assisted to apprehend the prisoner, and took these things out of his pockets, and picklock keys, and an iron crow. (The things deposed to.) I tried the door and drawers with the keys, and they opened them.

Prisoner. Did not you say that there were two men in the house of whom you had a strong suspicion? - Yes, two besides him, but they went away before him, and he watched them on the other side of the way.


I have no witnesses, I happened to go to Hoxton, and called in and had a pint of beer; I found the bundle with these things in the privy.

GUILTY , Death .

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

409. ANN MATTHEWS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Lewis Andre , about the hour of two in the night of the 7th of October , and burglariously stealing therein, eight silver table spoons, value 40 s. four silver desert spoons, value 16 s. four tea spoons, value 8 s. five cruet tops, value 20 s. two silver salt spoons, value 2 s. a diaper table cloth, value 2 s. and a linen towel, value 8 d. his property .


I saw the doors and windows secure on the night of the robbery, I made all safe. I went to bed a quarter after eleven, my fellow servant was up after me, that is the prisoner. I did not hear her go to bed. I arose about a quarter after six, I heard no alarm in the night, it was the 7th of October, it was light. I observed the pantry window was broke open; it was a sash, the bottom pane of the bottom sash was broke; the sash was put up again, and the shutter shut to, a person might thrust down their arm, and open the window; I saw no marks of violence, only I found a little blood on the shutters. I missed the things in the indictment, they are my master's property; I saw them a quarter after eleven in the pantry, that was a good distance from the window, but in the same room. The things are here. I did not know the prisoner before, I was footman, and had been about ten weeks. The things were found at the pawnbroker's, I was not present.


I was sent for by Davis, the pawnbroker, on the 8th of this month; the prisoner was at his shop, I searched her, and found these things on her; I said nothing to her, either that it would be better or worse. She told me she broke open the house; I asked her if she had any accomplices, and she said no.

Prisoner. I never told him any such thing.


I am apprentice to Mr. John Davis , I saw the prisoner at the time, I apprehended her; she came with a table cloth, and asked 18 d. then she produced a pap spoon; we were apprized of the robbery, and I told my master, and he sent me to Mr. Andre.

JOHN LEWIS ANDRE , Esq. sworn.

(Deposed to the things, and Larkins also deposed to them.)

Court to Mr. Andre. What is the value of these things? - I cannot say; I knew the prisoner very well, she was not employed by me that I recollect, her sister lives with us now, her name is Mary, the prisoner had been a servant.


I have nothing to say, and no witnesses.

GUILTY of stealing to the value of 39 s. but not of the burglary.

Transported for seven years .

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

410. FRANCIS SENNETT and GEORGE CLARK were indicted for feloniouslymaking an assault, in a certain field and open place, near the king's highway, on Jenkin Jones , on the 21st of October , and putting him in fear, and feloniously taking from his person and against his will a silver watch, value 20 s. a cornelian seal set in gold, value 20 s. a metal seal, value 6 d. and a pocket book, value 2 d. his property .

(The witnesses examined separate.)


I was robbed the 21st of October on Constitution-hill , between nine and ten in the evening: I was coming down the hill, I was met by the two prisoners, they demanded my property; I was alone, they were not armed, they were dressed as they are at present; they took from me my watch and pocket book, a gold seal and metal seal, which have been found since; they staid with me three or four minutes, it was not a very dark night, but there was no moon; I never saw them before to my knowledge. George Clarke was taken within three hundred yards, Sennett escaped, but was taken the next day. I could see George Clarke 's face perfectly well, for he had hold of my handkerchief, while the other robbed me. I gave the alarm before they were ten yards from me. I have no doubt as to Clarke being one of the men that robbed me; I believe Sennett to be the person, but I cannot positively swear.


I am a soldier of the 1st regiment, on the 21st of this month I was going to Knights-bridge Barracks, between nine and ten I observed two men running from Mr. Jones, on Constitution-hill into the Green-park; I came up to Mr. Jones, and he said, if I was an honest man he hoped I would assist him. I told him I would. We never lost sight of Clarke, and took him at about two hundred yards distance, the other got away. I saw nothing found on Clarke, I saw him searched at the White Horse public-house, Piccadilly.


I saw Clarke brought in, he was in Ting's custody, and I apprehended Sennett the same day, last Saturday; I found a duplicate in his pocket of one Winn, a pawnbroker, Cable-street; I went there with the prosecutor, and found a silver watch and seals; the pawnbroker has it here.


This young man (Sennett) came to the Jolly Sailors, in Cable-street, and called for a pint of purl on Saturday, October 21, between ten and eleven in the morning, he said he had a watch, he wanted to sell it, I think I should know the watch, though I did not take much notice of it, it was a silver watch, with two seals; a Jew offered him a guinea for it; he sent the servant girl to pawn it for a guinea and a half, and I went with her, and pawned it myself for twenty-six shillings. I gave him all the money.

JOHN READ sworn.

I went with two more serjeants, and secured Sennett, and we held him while he was searched by the captain of the patrol. I saw the duplicate found.


I am a pawnbroker, I produce a watch pawned by Rachel Adderly and another girl on Saturday, October 21, about eleven o'clock, for 1 l. 6 s.

Court to Fugan. What time of day did you take him? - Between three and four in the afternoon.

(The watch deposed to.)

Francis Evans and Richard Pope assisted to take him, and Evans searched his lodging, and found a pocket book, which the prosecutor deposed to.


I am very sorry to be brought to this place for what I am not guilty of.


I know nothing of the matter.

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


GUILTY , Death .

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

411. WILLIAM PELFREYMAN and JAMES RANDALL were indicted for * assaulting John Mills on the king's highway, on the 5th of September last, and putting him in fear, and feloniously taking from his person and against his will one silver watch, value 40 s. a metal watch chain, value 2 s. two French half crowns, value 5 s. a counterfeit shilling, value 1 d. a silver counter, value 3 d. and two guineas and a half, his property .

* Not feloniously assaulting.

The witnesses examined separate.


I am a gold and silver wire-drawer , in Grub-street; on the 5th of September I had been to Haye's School, and was returning; between the eighth and ninth mile stone, facing Windmill-lane, in the Cross-way, I was stopped by the two prisoners at the bar, between five and six in the evening, it was perfectly light; I was in a single horse chaise, the prisoners were on horseback; I saw them no great while before they attacked me, they rode up one on each side, and Pelfreyman ordered me to stop my horse, which I did, and he demanded my watch and money. Randall was on my side, and I gave him the money in the indictment, and a three-penny or four-penny piece, some thing of that kind, and a silver watch in a double case, and a metal chain; then they rode off. They were with me not above a minute or two, I should suppose, but a very short time; I saw them again the Tuesday week after the robbery. Each of them had a pistol, they behaved exceedingly well, as a man could expect to be robbed, only threatning the horse. I have no doubt of the men, I saw them at Bow-street.

Mr. Garrow, Prisoner Randall's Counsel. What dress did you see Randall in when he was at Bow-street? - A drab coloured kind of coat, the coat he has on now, apparently to me the coat he had on at the time he was stopped.

So you swore at that time? - I judged it so.

It is by that principally that you enable yourself to swear to him? - No, Sir; I have a strong recollection of his face.

You had never seen either of the persons who robbed you before? - Never to my knowledge.

Court. Was any body with you? - My brother and two little girls.

Your children are young children, I suppose? - Yes.

Are they here? - No, the one is about ten, the other six or seven.

Did you ever find any of your things? - No.


I was with my brother, in his one horse chaise, on Monday the 5th of September; as my brother and I were coming from Hayes, on the Uxbridge-road , between five and six, we were stopped by two men. I know Pelfreyman.

Can you swear to him? - Yes, I can.

Are you positive? - I am as to his person, because he was on the same side of the chaise where I sat, it was close by my side; they ordered the horse to be stopt; then they demanded the money, my brother asked them if they would take all his money? whether he would not allow him something for his expences on the road? he said, deliver all your money and your watch. I saw my brother deliver his money and his watch, they then rode off towards Harrow. I saw them at Bow-street the Tuesday se'nnight after. I cannot swear to Randall's person.

Jury. Who was the money given to? - To Randall.

Mr. Garrow. That is, more correctly speaking, to the other man who was withPelfreyman? - Yes; I believe him to be the man, but I cannot swear.


I am a patrol of Bow-street, I apprehended the two prisoners, one in Park-street, and the other in Park-lane. I saw them on the Harrow-road, coming towards home on horseback, the 5th of September, about a quarter before seven in the afternoon. Randall was servant to Colonel Moncrief; the other came backwards and forwards to see him; I saw him various times, I lived in the neighbourhood. I had many times seen James, with his master's horse on the road, but never William.


I am watchman where the men were taken. I knew Randall before, I assisted to take them.


I can bring witnesses where I was at the time of the robbery.


I leave it to my counsel.

The prisoner, Pelfreyman, being admonished by the Court of the danger of supporting an alibi by perjury, withdrew it.

The prisoner, Randall, called six witnesses to his character.


GUILTY , Death .

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

Mr. Garrow. It is my duty, my Lord, to submit a motion in arrest of judgment; the indictment states that there was no sort of alarm made on his person, there is an assault but not a felonious assault. (The indictment read.) The jurors present that William Pelfreyman and James Randall , on the 5th of September, with force and arms, in and upon John Mills , in the peace of God, did make an assault, and him the said John in fear then and there feloniously did put, and one watch feloniously and violently did steal, and carry away.

Mr. Garrow. There is a felonious larceny and a felonious putting in fear, but not a felonious assault.

Court. Then there must be another indictment, we cannot suffer two men to go upon the highway again.

Mr. Garrow. To be sure they cannot be convicted of the same felony again, if they have the misfortune to stand there, I must exercise my judgment; I do not feel myself armed with powers to wave a good objection.

[The prosecutor and witnesses ordered to go to Hick's-Hall and prefer a new indictment, and tell the person who drew it that he has made a mistake.

Mr. Garrow. I will advise the prisoners, my Lord, to wave the objection.

Court. We cannot do it, we are bound to take notice of it.

Prosecutor. If any thing can be found for the benefit of the prisoners I shall be very happy.

Mr. Garrow. They are now convicted of a highway robbery on this indictment, of course their judgment may be saved; on the face of this record they will be entitled to judgment, because they are convicted of larceny.

Court. No, we must do justice to the public, we must have another indictment.

The two prisoners ordered to be taken away, and to remain in custody.

N. B. On Saturday Mr. Justice Heath informed Mr. Garrow that he had considered the objection, and thought the indictment good; therefore he should not try them again.

The prosecutor had obtained another indictment.

412. BENJAMIN CARVER was indicted for feloniously assaulting Thomas Knowles , D. D. on the King's highway,on the 16th of September last, and putting him in fear, and feloniously taking from his person, and against his will, two guineas, his monies .


I was robbed the 16th of September; I was going towards Finchley church, on a Friday, in the parish of Finchley , between three and five, I suppose it might be about four; I was in a post-chaise; my wife and daughter were with me; we were stopped by the prisoner; I did not know him before; I met him just before, on the other side of the great road; I took notice of him as a suspicious person; soon after, he followed the chaise, and called to the servant to stop; the sun shone bright; the green blinds were up; I saw him before through the front glass; on letting down the blinds, he presented a pistol towards Mrs. Knowles, and demanded our money; I gave him a purse with two guineas, which he took out, and returned the purse; Mrs. Knowles gave him a small purse, which was found on him when he was taken; this lasted but a very few minutes; he said he would not ask for our watches, but touched his hat, and went off; he behaved civilly, not one bad word; I believe he was taken directly, in Barnet; I saw him about an hour after; I was agitated, and I could not recollect him; but presently after I could describe his dress exactly; he had a blue great-coat on when he robbed me (and so he was taken), a linen waistcoat, I remember the sprig of it particularly, with little sprigs at the edges; I particularly wondered he should have a great coat on, it was a very hot day.

Court. Was it one of those very hot days we had in September? - It was: the constable took the purse from him.

Court. Be so good to look at him again.

Prosecutor. I have no doubt about him.

Prisoner. Did not you decline swearing to me at Barnet? - This I said, that his hair was so much dishevelled, and he had a great colour in his face, whereas before he looked exceedingly pale, that I really at that moment could not swear whether he was the person or not, but I can positively swear to him now: I did not swear to him before the magistrate; I had some doubt in my mind; his countenance was so very different, that his countenance convinces me now that he is the same person.

Prisoner. I wish the Court to know the answer that Dr. Knowles gave to the magistrate at Barnet; wheher Dr. Knowles did not refuse swearing to me, because the person who robbed him was of a very pale complexion? - I say so now.

Court. Did you swear to him at all before the justice? - No, I did not.

Did you give intelligence to any person at the time? - Mr. Underwood was with me, and he saw the servant set off after him.


I was in the chaise with Dr. Knowles, my father, when he was robbed; the first notice I took of the prisoner, was his presenting a loaded pistol, and demanding my father's money, and said distress had brought him to do it; my father offered him one guinea, and asked him if that would do; he said it would not; he rapped at the shutter three times with a very bright new pistol to appearance; upon that my mother let down the blind, and my father gave him a guinea; he said he demanded the money; he said distress had brought him to do it; upon which my father offered him a guinea; says he, will that do for you? no, says he, it will not do, for distress has brought me to it, and I must have the other; my father gave him the two guineas and the purse, and desired he might have the purse back again, which he had; and my mother gave him a purse, which I did myself; he never offered to rob me; I could not help looking stedfastly at him the whole time, I could not help it; he had a blue great coat on; and his person, and every thing, has been in my mind ever since, and I could describe the person of him in my sleep; he had a blue great coat, and a dirty-coloured silk handkerchief round his neck, like that one I have seen him pull out just now; he wasthree, four, or five minutes with us; my father talked to him, and parleyed with him in that manner.

Court. I need not put you on your guard, that the life of the prisoner may depend on your evidence; I dare say you mean to say what is right; but in all that hurry and agitation of spirits which this must necessarily produce, are you sure and certain, in your own mind, that the prisoner at the bar is the man or not? - I am willing to swear it; I am positive, and have no doubt in the world.

Prisoner. The lady, in giving her evidence so very clearly and deliberately, on observing my person, and the colour of my handkerchief, I beg leave to ask her, whether she did not look in my face at Barnet, and ask which was the man that robbed her father? - I recollect he was among a great number of people, and therefore I might not recollect him quite so well, then; I might recollect him afterwards in my own mind.

Court. Did you ask that question, Which is the man that robbed us? - I cannot tell.

The prisoner desires to know, and he has a right to have an answer to that question, whether you did ask that question, Which is the man that robbed us? - If I recollect myself at all, it was my saying that, because I thought it was the very man.

Have you any recollection of that; consider with yourself? - To say the truth, I was very much frighted at that time; I might say it.

But when your mind was more composed, how were you then? - I recollect the great coat, handkerchief, and every thing, I called to mind; when my mind was more composed, I had a more perfect recollection; it is so much so, that I even can make visions before my eyes.

Prisoner. I beg the Jury will attend to the very deliberate answer, that she should be so cool and deliberate when she came into the room among twenty people looking at me, and asking, is this the man that robbed us; I wish the lady would give that explicit answer, for the satisfaction of the Court.

Court. That will be a circumstance that, among others, will be left to the Jury to judge, how well she is warranted to swear to you.


I am servant to Mr. Underwood; I remember the carriage in which Dr. Knowles was being stopped; the prisoner rode by, and as he passed he pulled out a pistol, stopped the driver, and rode up to the carriage, and tapped at the window, and demanded the money.

Are you sure the prisoner is the man, from the notice you took of him? - Yes: we went but a very little way before we saw some persons at work in a field; one of them got on my master's horse, his name is Jeremiah Pooley ; we pursued the highwayman; he was going very gently, till I rode past him; I turned into the Red Lion, at the bottom of the hill, at Barnet; as soon as he saw that, he clapped spurs to his horse, and galloped away; we pursued and took him, and I saw Doughton take a brace of pistols out of his pocket.

Prisoner. How far, and what pace, he rode with me, before he gave any alarm? - I rode by him as fast as I could, and then gave the alarm.

Prisoner. He has informed the Court that I was riding very gently; he rode with me as far as from Whetstone to Barnet before he gave any alarm at all. - I did not ride with him at all; the person that was with me saw me go past as fast as I could.

What was you promised in case of my conviction; whether he was not promised his part of the reward? - No, my Lord; I was promised no such thing.


I was at work on the 16th of September last, when I pursued the highwayman with the last witness, which was about ten minutes, or rather more, I cannot say; I know the prisoner is the man that I rode after, he was going very gently on horseback; the last witness passed by him; I kept just behind him; the prisoner rode gently till the young man gave the alarm; then theprisoner made his horse go as fast it could; when he was near the first Red Lion, where the last witness was, I immediately raised a hue and cry after him. I saw nothing taken from him.


I am a mason, I heard the hue and cry, and helped to stop the prisoner. I fancy the prisoner has got his purse again. The prisoner had like to have rode over me; I saw him searched, and a pistol, two guineas, and a purse found on him; I think the Justice ordered him his purse again.


I am a labourer, I saw a post boy hallooing out stop thief, and I caught a man by the cape of his coat; he said, d - n your eyes let me go, what do you want with me? Hill came up and assisted me, I saw him searched, there was a brace of pistols; I saw a purse taken from the young man at the bar in the parlour.


I beg the attention of the Court to what has been said against me, and I rest my defence with the Jury. I beg leave to say a few words with respect to what has been laid against me. First, Dr. Knowles comes now and swears positively against me, nearly two months after he was robbed, when an hour and a half after he declined it. The next is Mrs. Underwood, she comes nearly two months after, describing the colour of the handkerchief of the person who robbed them, describing the colour of his coat, his dress, complexion, and every particular circumstance which she could not describe an hour and a half after, and said when she looked me in the face, which is the man who robbed me? That boy is next called, I put it to him, he declines answering it, how far I rode with him, and what pace. I rode with that boy I suppose more than two miles, at the pace of five miles an hour, when I went through Barnet I went not very fast; then when stopt I made no refusal; there was what money I had when I was before the magistrate; nothing found upon me could be claimed by any other person. I was on my business, if any person claims any part of the property that was found on me, so it must be.

Court. How did you come by the pistols? - I had a pair of pistols about me, which I bought at Cambridge; I have travelled with a great deal of money about me very often, and it was necessary for me to have them for my own defence.

How came you to ride so fast when the boy was going into the yard? - I did not ride fast, I rode gently up the hill, but when I got into Barnet I rode fast, without any particular reason. I have witnesses to my character.


I am a grocer in Wigmore-street, Cavendish-square, I am no relation to the prisoner, I have known him about six or seven years, but not for pretty nigh a year; when I knew him he kept a grocer's shop in Pitt-street, in Pancras parish; at that time I always believed him to be a very honest industrious man: he bore a very good character, but I believe the business in Pitt-street did not answer very well, and he removed to Carnaby-street; there he was rather unfortunate in business, and lived in different places. There are many friends I could have brought to give him a good character, as a sober, honest young man. I never heard of his being guilty of any thing of the kind before.

Prisoner. That gentleman well knows that my friends are in affluence and respectability, and that I have been with them ever since my business declined.

Mr. Rouse. His father and brother are both ministers, they both preach the gospel.

GUILTY, Death .

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

He was humbly recommended to mercy by the prosecutor, on account of his good behaviour and youth .

413. WILLIAM SIMS was indicted for stealing, on the 8th day of October , one callico handkerchief, value 2 s. the property of Edward Lavender .


On Saturday night, the 8th of October, I lost my handkerchief, about ten, about the middle of Greek-street ; I felt something touch my right hand-side very slightly, I immediately turned round and perceived my handkerchief go out of my pocket, and the person who took it, gave it to another that was with him; I instantly charged the man who took it, but two men that were with him surrounded me, and said d - n the b - r, knock him down. I let the man go, and struck him across the head with my stick, which broke; then I retreated, and called watch, and the man was secured; he was out of my sight only a moment; I am certain he was one of them, it was a very light night, and very near a large biscuit baker's shop. I did not get my handkerchief again.


I heard a noise in Greek-street, I had a pint of beer, and I left it, and went to the noise, and heard a blow and a stick fall to the ground; then I heard these men make use of that word, and aimed a blow at the prosecutor, but missed it; the rest ran away, and this man was taken. I am sure he was the man that I saw aim the blow at Mr. Lavender. The prisoner was never out of my sight.


I am the watchman, I stopped the prisoner, who was running; the watch was called, and the prosecutor came up, and gave charge of him.


I had been up to Berner's-street, and returning I saw three or four young men before me, and I heard somebody say I have lost my pocket handkerchief, and my detainer caught hold of a man in black, and then he took me.


Transported for seven years .

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

414. JAMES FULCHER was indicted for burglariously and feloniously breaking and entering the dwelling house of William Tunstie , about the hour of eight in the night, on the 4th of October , with intent to steal his goods and monies .


I live in Broker's-alley, Drury-lane ; about eight in the evening on the 4th of October I sent out my little daughter to order some beer, and I sat on the stairs to watch the door till her return; she shut the door after her, and in about a minute the door began to shift a good deal, and a man put his two hands under the door, and wrenched it open, and he took it in his arms, and put it on the spring again, and turned into the shop. I immediately got assistance, and secured him. About ten I found this parcel, but I did not see him throw it down: it contains a lanthorn and a tinder-box.


I am daughter of the prosecutor, I am turned fifteen, I fastened the door by the spring, I am sure of that; I saw the prisoner at the top of the court when I went out, I am sure it was him, I never saw him before, it was a dark night.


I shut up the shop in the evening, and left all the property secure.


I took the prisoner, I searched him, and looked about the shop, and found nothing,


Coming into Broad-street, St. Giles's, a man said he wanted to sell his room of goods, and desired me to call on one Johnson in Broker's-alley, I went to the prosecutor, and the door was open, and they took me into custody.

Court to Sarah Tunstie . Was the prisoner with any other men at the end of the court? - Yes, two more.

GUILTY , Death .

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

415. COLEMAN LOWE and WILLIAM WALKER was indicted for feloniously assalting the Rev. Robert Nares , Clerk, on the king's highway, on the 7th of October , and putting him in fear, and feloniously taking from his person, and against his will, four silver two-pences, value 8 d. four iron keys, value 4 d. a printed book, value 1 d. a magnifying glass in a horn case, value 6 s. a pair of spectacles, mounted with silver, value 20 s. one pair of Wedgewood sleeve buttons, set in gold, value 5 s. a piece of gold coin, value 25 s. one guinea, and three half guineas, his property .

The Rev. ROBERT NARES sworn.

I was returning home through the Park, about twelve at night, and between the centinel at the Stable-yard and the Mall-gate I was stopped by one man; I was going through Buckingham-gate home, it was a light night; I had no suspicion of a robbery, but the man held me; I made no noise, I believe he said he would shoot me; another man came up almost immediately, he demanded my money, the other assisted him. I first gave him some silver, but he said that would not do; in short, they rifled my pockets, and took the articles in the indictment. The spectacles I had on; I saw no arms that the men had. I am not sure of the prisoner, but I think I can be sure of the person of Lowe, who came up first, his face corresponds with the recollection I have; the face of the other I never saw. I imagine they were with me not beyond five minutes; after they left me, in a few yards they attempted to stop another gentleman, who called the centinel, and the men ran away. I never saw the men again till now; I have seen my property since. I have no recollection of their dress.


I am a private watchman to Biddulph and Cocks, and a patrol gave notice that two men had committed a robbery, it was three quarters after twelve, I saw two men coming, they said they wanted a coach to carry them on one side of the Tower; I observed one bloody very much, which was Lowe; he had an old frock on, the other man had a coloured coat on. When Lowe was taken I saw Lowe throw a pair of spectacles over the area of Mr. Drummond's door, I picked them up.

Prosecutor. They are mine I firmly believe, and they perfectly suit my sight, here is a mark which I think I can swear to them by.


On the 8th of October, about one, me and my partner were called, and took the prisoners into custody. I have the property I took from the prisoner Lowe, my partner searched the other prisoner.

(The other things produced, a pair of buttons, a magnifying glass. Deposed to by prosecutor, who lost the same quantity of money, but could not swear to the money.)

HARRY LAW sworn.

I am the other watchman.


I am quite innocent, we found these things by Privy-garden-wall, we could not get in, and were stopped by the patrols.

The prisoner called one witness to his character.

Serjeant THOMAS PARROT sworn.

The prisoner belongs to General Maud's regiment, I have known him three or four years, he is a very good character.



416. The said COLEMAN LOWE and WILLIAM WALKER were again indicted for feloniously assaulting Robert Cross , in a certain field, and open place, near the king's highway, on the 7th of October , and putting him in fear, and feloniously taking from his person and against his will, a pair of leather gloves, value 6 d. a man's hat, value 5 s. a pair of leather shoes, value 12 d. a pair of plated shoe buckles, value 3 s. a callico handkerchief, value 6 d. a pen-knife, value 12 d. two pots of pomatum, value 6 d. two rolls of ditto, value 6 d. and one shilling in money, his property .


I am a servant out of place, I have lived some years in the Duke of Northumberland's family; on the 7th of October I was robbed about two hundred yards from Hyde-park-corner , between eight and nine; I intended to go to Kensington, but returned; another young man (Roddis) was with me; the second prisoner walked after us, Lowe ran; it was by the coach-road leading to the Serpentine-river, it was in Hyde-park. Lowe came up to the other young man first, and said something, then he came to me; I think he asked him if he had seen his wife, Dian? and he said, he had not, but he seen Mrs. Moon, and then he came to me, and I told him to keep off, then I was knocked down, and he began to search my pockets, and said d - n your eyes, my Lord, have you any money; he demanded that shilling which I had, and I got up and gave it to him; he took out of my pocket a pair of gloves, a pen-knife, two pots and two rolls of pomatum; the other prisoner stood by, and said nothing; the young man (Roddis) ran away, then they took my hat and shoes, and buckles, and went away; they went to the Serpentine-river, and then Lowe came back, and gave me a kick, and swore he would knock my brains out, if I looked after him; I went to Piccadilly, and borrowed a hat and a pair of slippers, They are the same two men; Walker was with Lowe at the time, I am sure of that; Walker was standing by while Lowe was picking my pockets. I mean to swear positively that Walker was the man that was with Lowe; Lowe had an old frock on, and Walker had a light brown coat on. It was a moon light night.


I was with Mr. Cross when the two men came up, and Lowe asked me if I had seen Diana, his wife? I said no, but I have seen Mrs. Moon, who lives in Hyde park. He searched my pockets, and went to the other man, and knocked him down. I set off to get assistance. I am sure of Coleman Lowe , but as for Walker he was about ten or twelve yards distance.

Cross. It was Lowe that picked my pockets and took my things.


I assisted to stop these people, I searched Lowe, and found in his breeches pocket this glove and this handkerchief, and this pot of pomatum, which Mr. Ross, the prosecutor, swears to; the money was in the glove, one guinea and a half and some silver.

Prosecutor. The pot of pomatum I cannot swear to, but it is the same I dare say, my name is on the handkerchief.


I searched Walker, and found a hat, a pair of gloves, one pot of pomatum, and one roll of hard, and an old hat; the hat was in the bed room where the prisoner lay. When I searched them at the watch-house, Walker had it on his head, he had no other hat there, I took very particular notice that it was the same hat.

Court to Cross. What sort of hat had Walker on when he robbed you? - They had both round hats.


My comrade and me were discharged from the hospital on the 7th, and we came down several streets, and at Privy Garden my comrade picked up a bundle, he gave me part, and took the rest.

Court. You was not going to the Tower? - No not then, that was after.

The prisoner Walker called three witnesses to his character.


Walker was a very good soldier.


GUILTY , Death .

The jury and prosecutor recommended Walker to mercy, because he was totally inactive .

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

417. WILLIAM DAVIS, alias ROBERT HUDSON , was indicted for feloniously stealing, on the 11th of August last, two ewe sheep, value 15 s. and one lamb, value 4 s. the property of William Smallbourn .


I am a farmer , the side of Finchley Common ; I have seven or eight score of sheep on the common; I could not miss them till I was informed, sometimes the dogs kill them, sometimes they stray away, I missed them the 1st of October by the man that looked after them; there was W. S. a pitch mark and a fleur de lis, and a ruddle mark about the middle of the back.


I am a labouring man, I look over some fields for some trustees of a young 'squire, the prisoner brought two sheep and two lambs to me to feed, they were marked W. S. a pitch mark, they were ewes; he brought them the 11th of August to put to grass for him, I took in cattle for any body; they had ruddle marks, but I cannot say where, I did not take notice of them. The prisoner gave me no acount of them. The prosecutor came and took them away, I cannot say the day. I did not know the prisoner before, I thought he was a horse-dealer; he would not tell me where he lived. I am sure it is him.


I am a labourer, I met the sheep in Barnet, in the possession of a young chap, a lad, a child, about thirteen or fourteen; I knew the sheep, and told the lad they were Mr. Smallbourn's. I went to tell the prosecutor.

Smallbourn. Jordan has the oversight of my sheep, on the 21st of September he informed me, I went the Friday after, and saw the sheep in Mercy's possession.

Court to Mercy. Are you positive the prisoner is the man that brought them to you? - I am positive, he offered to sell them as his own property, two ewes and one lamb for three half guineas, and one lamb he took away.


I live at the Swan and Two Necks on Finchley Common, I bought them of a drover on the road, I gave twelve shillings a piece for the ewes and six shillings a piece for the lambs, and I took them to Mr. Mercy, to grass; I should be glad to put it off till Saturday, as I employed a Counsel and an Attorney, and my brother run away with the money.

Court. It is too late now to put off your trial.

Court to Smallbourn. Did you know the prisoner? - Not by knowledge, by name I have heard of him.

What was the value of these sheep? - About one pound.

GUILTY, Death .

Recommended by prosecutor, being a young man .

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

418. JOHN DEMPSEY was indicted for feloniously stealing, on the 5th of October , one man's cloth great coat, value 4 s. the property of Thomas Perry .


I lost my great coat about eight in the evening, the 5th of October, setting down a gentleman, I am a hackney coachman ; I missed it instantly, and a good looking man told me the man was gone towards St. Giles's. I drove down to King-street, St. Giles's, but I saw nothing of this gentleman or of the property: I understood the patrol had taken the prisoner.


I am a patrol, I took the prisoner into custody, and the coat on his arm, he said he was going to drive all night.

(The coat deposed to.)

GUILTY . Whipped .

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

419. WILLIAM FORD was indicted for stealing, on the 8th of October last, one coach window glass, value 10 s. the property of William Carpenter .


I am a coach-maker , I lost a coach glass on the 8th of October, I saw it a few days before; the prisoner was my servant . The prisoner owned it; he had no promise or threat, he said it was at his lodgings. I sent George Woolgin for it. The prisoner had worked for me nine months.


His wife gave it directly.

(Deposed to.)

Prisoner. I wish to know whether there was a frame on the glass?


I am a servant to Mr. Carpenter, I saw the prisoner running towards his lodgings, across Green-street, with a glass under his arm, and a frame on it.

Prosecutor. I am certain of it.


Transported for seven years .

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

420. MARY HOPWOOD was indicted for stealing, on the 27th of September last, one white dimity petticoat, value 5 s. a cotton shawl, value 4 s. a check linen apron, value 12 d. a white ditto, value 12 d. and othings, value 10 s. the property of Jonathan Willson .


I am a pawnbroker, No. 8, Bulstrode-street, on the 26th of September the prisoner pawned a petticoat and shawl with me; I have seen her before at different times, she pledged it in the name of Mary Hopwood , and said it was her own.

(Deposed to by prosecutor; who said the prisoner was nurse to his wife, and she pawned something every day, for the week; she was there except the first two days. The things were in a chest of drawers in the front room, and she had the charge of them.)


I am a pawnbroker, I took in a white apron, a tea spoon, and a piece of new

cloth, the 24th and 27th of September of the prisoner; she said they were her own.

(Deposed to.)


Fined 1 s . and imprisoned one month .

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

421. MICHAEL SMITH was indicted for stealing, on the 13th of October , twelve yards of silk ribbon, value 5 s. the property of Samuel Francis .


I was alarmed of the robbery, I went to the door, I could not see any person, I turned back to the window to see the state of it; I had not been there more than a minute before a mob of people came back with the prisoner, in custody of an officer and a runner.


I saw the prisoner take the ribbon from the basket where it hung over the line for shew, he took away one piece. I am sure to the prisoner.


I am one of the patrols, I took the prisoner with the ribbon, he was walking fast.

(Deposed to by a mark, being faded and spotted with flies.)


I had been on some business for my father and mother, and they took me; the man run by me, and had liked to have knocked me down, and that good man picked the ribbon off the ground.

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


Transported for seven years .

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

422. JOHN WARREN was indicted for stealing, on the 2d of October , one linen shirt, value 3 s. one cambrick neckcloth, value 6 d. the property of John Rogan , privily from his person .


I sell muffins about the street , on the 2d of this month, the corner of Tower-street, Seven-dials , I lost a shirt and waistcoat out of my pocket, I had them five minutes before; I do not know who took them, I did not see the prisoner there. I never saw them since.


On the 2d of October I saw the prisoner between Tower-street and the corner of the Seven Dials. This old gentleman was going by, and I saw this prisoner take out the shirt and neckcloth, and put it into his bosom. I knew the prisoner, and I knew the other; says I, be ashamed, give it him again; he gave me ill language, and made a motion and ran; I lost him, I knew him, and the next morning I saw him, I followed him to a cellar, and fetched the prosecutor; we waited for his coming, I seized him, he said, Oh d - n you, and gave very ill language; then he offered to pay for the shirt, and me for my trouble and lost time, but I secured him.


On the Monday morning I was informed of the robbery, the prisoner offered to pay for it; I said you shall go before the Bench of Justices. D - n my eyes, says he, I do not care for the Bench of Justices nor you either.


I stood at the Dials a considerable time, and the next morning they took me.

GUILTY, Not privately stealing .

Transported for seven years .

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

423. JOSEPH LEVER was indicted for stealing, on the 24th of October , eight yards of printed callico, value 10 s. the property of Thomas Clay .


I live on Holborn-hill ; on Monday, the 24th of this month, I lost eight yards of callico from the door of my shop, between seven and eight, I saw it taken by the prisoner. I was standing in the shop at the time he came into the door, I observed him take it, tear it away, and run off, I pursued him, saw the callico upon him, and took him at the instant he dropped it, it is in this paper.


I saw this callico on the ground, and got my feet in it, and the gentleman came and caught me, and swore I was the prisoner.


Privately whipped , and discharged.

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

424. THOMAS ROSSITER and EDWARD MILLAN were indicted for stealing, on the 26th of September , one mahogany knife case, twelve knives and twelve forks, and one tea caddy, value 30 s. the goods of Ebenezer King .


I am a butcher, I saw the prisoners come out of Mr. King's house between nine and ten in the morning, one of them had the property; I had seen them pass the door for a month before frequently. I heard Mr. King enquiring about eleven or twelve after; Millan had the things; the other had nothing, he was with him. The things were never found. I saw a knife case and a tea caddy.

The prisoners called two witnesses, who gave them a good character.



Transported for seven years .

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

425. ELIZABETH CAVERNER was indicted for stealing, on the 14th of October , a toillinet waistcoat, and other articles of wearing apparel , the property of William Cox .


I am a bricklayer , I am a lodger, the articles mentioned in the indictment were lost from my apartment, they were lost on Saturday; I had seen them the Saturday preceding, they were in a drawer. The prisoner was taken on the Monday.


I am a pawnbroker, I produce a toillinet waistcoat and a pair of cotton stockings; the prisoner at the bar pawned them with me on the 15th of October, they were pawned separately, she had two duplicates, they were pawned on Saturday evening about ten o'clock.


I am the wife of the first witness, I lost a black silk cloak, a pair of cotton stockings and a waistcoat; she came just after I was brought to bed, I went out of the room to get some tea and sugar, she staid two hours, I missed the things in an hour after she was gone, she left the house about six. We lost nothing but what has been described.

(The waistcoat produced, and deposed to by the prosecutor.)


Mr. Cox came to me last Sunday week, he said, was not you at my house on Sunday last? he said, you have taken my things, tell me where they are, and I will take it at so much a week. I was to pay three shillings per week, and he said he would not hurt me.


Finid 1 s. and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

426. JOHN DEELEY was indicted for stealing, on the 11th of October , four linen sheets and a linen petticoat, value 15 s. the property of Joseph Wisby .


I lost four sheets and a petticoat, I lost them out of an orchard.


I saw the prisoner get over the pales the 6th of this month, between twelve and one, he pulled a petticoat off the line, and put it into this bag, which he took from his pocket; he put four sheets also into the bag, which he took from the same place; when I attempted to stop him, he left the bag in the ditch and run. I hallooed stop thief! he was taken. I took up the bag, and have had it ever since.

- PERRY sworn.

I am a gardener, I was in my master's garden, I heard somebody cry stop thief! I saw the prisoner run down the orchard, and jump over a brick wall; he had passed the ditch when I saw him run, I stopped him; seven or eight minutes afterwards I saw the property.

(The articles produced, and deposed to by the prosecutor's wife.


Your Lordship, I know nothing of it any more than the child unborn; if that man can swear against me, after taking me a mile and a half off, he can swear any thing.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

427. MARY FLYNN was indicted for feloniously stealing, on the 28th day of September , five yards of lawn, value 8 s. the goods of Joseph Owen .


I am a shopkeeper .


The 28th of September, about four in the afternoon, the prisoner came into Mr. Owen's shop (I am a journeyman) she asked to look at some clear lawns; as we had no lawns wide enough, she asked to look at some muslins, I went and fetched them; on my return I missed a piece of lawn, I shewed her the muslins, she offered a price I could not take; the woman who was with me in the shop kept me in conversation, which induced me to think the woman who was gone was the person who stole it. I followed her and stopped her, she dropt it; the lawn was brought into the house in a minute or two, I do not know by whom; I have kept it in my box ever since. It is marked I | D.

(The lawn produced, and deposed to by the prosecutor, who said that he was out of town at the time of the robbery, but he had seen it a day or two before he went out of town.)


I had three or four glasses of liquor, the woman who was in the shop wanted me totake the lawn. I do not know what I did. I have three small children.


Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

428. WILLIAM JONES was indicted for feloniously stealing, on the 17th of October , twenty pounds weight of mottled soap, value 10 s. the goods of Jesse Russel , Esq .

JESSE RUSSELL , Esq; sworn.

I have lost soap many times from the manufactory, it is in Goodman's-yard, Minories ; the prisoner was a servant of mine, he worked in the manufactory. I set a servant to watch the prisoner.


I work for Mr. Russell, I found this soap under the manger in the stable, and shewed it to my master, it was about twelve o'clock last Monday week; there was straw over it. Master told me to put it there again, which I did; he told me to watch, I did so: this man came into the stable about five o'clock. He was going out of the gate, after doing up his horse, I stopped him, and he took it out of his pocket. I sent for our clerk, the prisoner took a cake out of his pocket, he delivered it to the clerk; the clerk gave it him back again, and then the officer came, and took him into custody. After the prisoner left the stable I went to look if there was any soap missing from the manger, it was gone.


I am a headborough, I was sent for to take charge of the prisoner; he was accused by Mr. Russell's clerk of stealing soap, I took him to the watch-house, I searched him, and found 10 lb. of soap in his breeches; I went to his lodgings, and found 12 1/2 lb. of soap. I do not in my own knowledge know that it was the prisoner's apartment, but he told me it was, and so did Mrs. Beard, his landlady; the soap was in a closet in his room. The soap now produced is the same which I took out of his breeches; he had a pair of trowsers over his breeches, there might be some in a side pocket.

Parry. I cannot say.


I am an officer at Whitechapel, I searched the prisoner; he took two pieces out of his side pocket; he said he had no more, but I took more from his breeches. This is the soap I took from the prisoner.

Prosecutor. I believe the soap to be mine, the quantity is too great to be missed, but having found this hid, it created a suspicion.


I have nothing to say, but to beg the mercy of the Court and Jury.

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

GUILTY , (Aged 59.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

429. ELIZABETH POWELL was indicted for feloniously making an assault upon Cornelius Courtney , on the king's highway, putting him in fear, and taking from his person and against his will a silver watch, value 20 s. a linen handkerchief, value 1 s. and three pieces of silver coin, called shillings .


I am a gardener ; on Sunday, the 16th, I was going up Hedge-lane , I was accosted by the prisoner at the bar; she put her hand into mine, and asked for some gin; Irefused; she walked by my side, she felt about my pockets, and took my watch; two more came up and hustled me; I got hold of the chain and key; they then struck me, the prisoner at the bar struck me in the nose, which bled; she held me, and was on my right hand-side, she was close to me, her left hand was to my right hand. I had still hold of my watch chain, we had a struggle, she broke the watch away from the chain, I had my hand upon it in my pocket or fob, and she pulled my hand out, in which I held the watch: the watch separated from the chain at the swivel by which it hung to the chain; she did not take the chain. The constable has the watch. I lost three shillings; the constable came up, I discovered I had lost my handkerchief, he secured her. I believe the watch was found upon her, it was in the evening.

- WAITS sworn.

I was constable last year, I was sent for about eight o'clock, when I came up the prosecutor said he had been robbed; I was going to take her to the watch-house, when I moved her I found the watch lying on the ground. I could not see it till I moved her. The prosecutor said I have been robbed; I desired him to wipe his face, it was bloody. My nephew said, here is the watch, uncle.


On Sunday evening as I was coming up Hedge-lane, with tobacco in my hand, this gentleman was calling out watch, and said he had lost his watch. The constable's nephew found the watch. The man put his hand into my bosom, and seized me, he said I was the person who robbed him.

(The watch produced, and deposed to.)

GUILTY , Death .

(Aged 27.)

Tried by the first Middlesex Jury before Mr. RECORDER.

430. SAMUEL BROMLEY was indicted for the wilful murder of George Smith .


I was at the Marquis of Granby, Piccadilly , with Smith, at twelve o'clock at night, he was a little tosticated, I heard him abuse a young man, he struck a young man in the face without any provocation; he fell sick, and went out to puke at the door; the prisoner said, how can you be so dirty? then Smith followed him into the road, and struck Bromley. I took the deceased into the house, about four o'clock the prisoner came into the house to eat some bread and cheese, the deceased took up a shovel, and said d - n and b - st you, I will cut your bloody head; the prisoner then went and fetched a broom, with which he gave the unfortunate blow, it was a long hair broom.


I am pot-boy, the deceased was at our house the 18th of October, he used very bad words, and beat the prisoner; I did not see any blows pass, I was about my master's business, and did not mind.

MARY COOK sworn.

I am servant at the Marquis of Granby, I let the prisoner in, he quarrelled with one George, and struck him, he was in liquor. When George came in he called for a pint of beer. I did not see the prisoner strike him; about four o'clock the deceased went out of doors, and the waterman (the prisoner) said, what are you nasty for? the deceased was taken to the hospital.

Mr. GROVER sworn.

I am surgeon at the hospital, I received the deceased, the fracture was the cause of his death.


The deceased abused and struck me several times; I said, Smith, I will not be struck and knocked about so; he would not desist, I turned my hand, laid hold of thebroom, and gave him the unfortunate blow. God knows my heart did not mean to kill him.

GUILTY. Manslaughter .

Fined 1 s. and discharged.

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

431. DAVID WHITE was indicted for assuming and personating the name and character of one Peter Berry , on board the Hannibal, in order to obtain his wages, with intent to defraud the king , against the statute.

(Mr. Garrow opened the case.)

Mr. Fielding went into the case at large.


I am clerk in the Ticket-office in the Navy; his majesty's ship Hanibal appears in an entry which I have here, this was the 1st of March, 1780; Peter Berry entered in 1782, he was taken by the French.


I am also a clerk in the same office, the prisoner made three different applications to me, the first in September, and all in the same week, describing himself as Peter Berry , of the Hannibal, requesting to know what wages were due to him, and what had been paid, this was September. I told him the wages had been paid up to the time of the ship being taken, to Benjamin Roberts for Moses Hart . He found no fault, he did not deny making that power of attorney to Berry, the wages had been paid up to the time of the capture.

GEORGE UNWIN , Esq; sworn.

I was purser of the Hannibal, I was not on board at the time of the capture. The prisoner at the bar called upon me with another person, in September, between the 20th and 30th, and said his name was Peter Berry, of the Hannibal, and begged me to give him a certificate. I told him I did not recollect him; he gave so minute a description of every person on board and of every circumstance, that I had no doubt of his being Peter Berry , although I did not recollect him, and he drew out a list from his pocket, containing one hundred and twenty names, and picked out sixteen or eighteen as being on board the Hannibal. I looked at my book and found him right; I gave him a certificate, being fully persuaded he was Peter Berry , and the East India Company give a sum of money to seamen, who have been captured in the East Indies; I gave him a certificate to the East India House, and I went with him to the East India House. I went to Mr. Bedingfield's office, and explained to his deputy the sitution of the prisoner; Mr. Bedingfield told me, there was some kind of suspicion of this man. On the 29th of September he went to the Pay-Office to identify his person.


On or about the 29th of September the prisoner came to me at the Pay-Office, and produced a certificate of Mr. Unwin's, the purser, that he belonged to the Hannibal; I sent for the pay-book, and found in 1787 his wages had been paid.

Unwin. I certified that Peter Berry belonged to the Hannibal, I could not certify he was the person.

Bedingfield. I found his wages had been paid to Moses Hart . I told the prisoner of it; I had my suspicions. I waited till I saw Brown. He stated that he went to Tranquebar, a Danish settlement, and came home in an East Indiaman to Ostend, I wrote to the Consul, and he sent to me that no such Indiaman had arrived; and they sent to me that Peter Berry was dead. I had him apprehended, and at Bow-street he acknowledged his name was David White ; I wrote to the Master at the Pay-Office, says he, here is one of those unfortunate men who were taken by Tippoo Saib . The Master asked him his name; he said it was Peter Berry .I must likewise state that officially the prisoner need not to have applied to me to recover the wages due, it was no ways necessary.

Mr. Druce. The same observation applies to myself.


I was a sailor on board the Hannibal, I knew Peter Berry , I was captured; me and Berry and the rest were five months on board one of the French ships, and then went to Bangalore; we were sent to another place, and from Bangalore to Seringapatam. The prisoner was captured much about the same time with Berry; he was in a prison with our officers as far as I can understand; I was in prison at Bangalore only one night; I saw Berry at Seringapatam, and after some time White was brought to the same prison at Seringapatam with Berry from Bangalore; but at another end of it. Berry died at Seringapatam in 1785, I saw him there dead; I came home in August, I made my escape from Seringapatam in 1790, and came home in 1791. Mr. Bedingfield got my wages to the time of my return. I saw the prisoner in September, I was at the Swan, I called him Capt. White; he turned round, and told me he did not know me; I made myself known to him, he knew me directly; then I went into the India-house; after that I saw Mr. Unwin come in, and he said Brown, here is your shipmate; I had not time to speak any more about it; I could not think who it was, but I saw him come in afterwards. After some little time had passed he came up to me, and stooped down, and told me not to mention his name. That was all that passed at that time; some little time after he came to me, and asked me if I would go to the Swan, and have any thing to drink, that was about three quarters of an hour after: we went into the Swan, and then he told me what he was upon; he told me that he was come to the India-house to get what gratuity money was given there, and afterwards he meant to go to Somerset-place, to receive Peter Berry 's wages there; and I told him that I could not go there, for I had marked the man dead, and took an affidavit of it. He told me he had a certificate from the Purser, and that he had friends, and was not afraid of obtaining the money. He got rather vexed and he wanted me to assist him in it; I told him I could not; he said I had no business to make an affidavit; I told him I was asked to do it; he said, with a laugh, if you betray me I will cut your throat.

You knew Berry very well? - Very well.

This man was not on board the Hannibal? - No.

Mr. Garrow. Was you a seaman on board the Hannibal? - Yes.


Did you know Peter Berry ? - Yes, perfectly well; he was carpenter's mate.

Look at the prisoner. - That is not him, I have seen him in India, he was taken in a country vessel, he was marched up the country with our officers to Bangalore, I knew him there by the name of Capt. White, I cannot say his christian name; I was marched from Bangalore to a place called Bonuckpoor; Berry went with us to Bonuckpoor, and was taken out, I do not know where he went.


I searched the prisoner, I found this pa- paper in his coat pocket.

Unwin. This was the paper he produced to me.

(The paper read.)

"Captain David White , commander of the ship Nelly, from Bengal, burthen 460 tons, taken by the French in 1782, and sent to Hyder, June 6."


This Peter Berry was a mess-mate of mine; he was taken sick, and before he died, he gave me a written order to receive his wages in England, and gave me an account to whom he gave his power of attorney;he told me to come for his money and get it; but when I found that Brown had marked the man dead, I gave myself no more trouble about it; and in four or five days I was taken up and committed to New Prison.

Court to Bedingfield. What wages might be due to Berry? - About 120 l.

GUILTY , Death .

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

432. JOSEPH KINGLAND and JOHN WELLS were indicted for feloniously making an assault on the King's highway, on Andrew Knox , on the 3d of September last, and putting him in fear, and feloniously taking from his person, and against his will, eleven guineas and ten shillings in monies numbered, his property .


I am a taylor : my house is at Pinner; our business is carried on in Poland-street. I was robbed the 3d of September, between six and seven, before sun-set; I was in company with Mr. Wilson, my partner; we were stopped in the middle of Harrow Weald Common , by two highway-men, without any crape or covering; they took from me eleven guineas and about ten shillings in silver, and a silk purse; I took particular notice of Wells; I suppose they were with us a minute and an half; I observed them twenty yards off; they were on the common; I was on the high road; I can perfectly swear to Wells; I have not the smallest doubt; I saw Wells three weeks after; I did not positively swear to them; it was a sort of false delicacy; but I had no doubt.

What sort of delicacy? - I thought that it would be the means of taking away a man's life; but on considering farther, I thought it an act of justice I owed to the public; the prisoners were committed; Mr. Wilson swore to the other prisoner.

You say still you are positive now, and were positive at that time, when you saw him before the Justice, that he was the person that robbed you; though you did not chuse, on account of this sort of false delicacy, to swear to him? - Yes.

Mr. Hosty, Prisoner's Counsel. From what circumstances can you take upon you, in so short a time as one minute and an half, to swear to the prisoner? - His face is very particular; I kept my eyes particularly on his face; he had a round hat, no great coat, and came up with a pistol cocked to my side, and demanded my money; I gave them my money; Wells demanded my pocket-book and watch; I told him I had none; he said by God I had; and he clapped his hand on my thigh, and seemed satisfied; he bid me go on, and not look back; if I did, he would shoot me; I do not swear to Kingland; I never saw my purse afterwards.

Was you agitated? - I cannot say I was.


I was present with Mr. Knox when he was robbed. I saw the two prisoners come down the road from Harrow, three or four minutes before they attacked us; it rained very hard; I observed the prisoner King-land at the time of the robbery; he was on my side; I have not the smallest doubt of it; I swore to him at the time; I was certainly in some agitation; I knew I should be robbed, and intended to give him my money; I have no doubt now; it was half after six; it was about sun-set; I swore to him the first time I saw him at Bow-street.


I live waiter at the King's Head at Stanmore. I think, on the 3d of September, three men on horseback came and called for the brandy bottle, about half past six, as nigh as I recollect; it was on a Saturday, as nigh as I recollect, the 3d of September.

Mr. Knox. Stanmore is from Harrow Weald Common, about a mile and three quarters.

Fuller. I believe the prisoners to be two of the men; I took particular notice at the time; and from the best of my recollection, I think they are the men; I looked at them particularly, as they came in that sort of hurry; they went up the hill, towards Watford; Mr. Foster of Harrow, was in the bar; and he came out and said, Will, these are three scampsmen; by that I understood highway-men; they came the Pinner road from Harrow Weald Common, and went up the Watford road.

Prisoners. We leave it to our counsel.

The prisoner Wells called one witness to his character.

JOSEPH KINGLAND, (Aged 21.) JOHN WELLS , - (Aged 19.)

GUILTY, Death .

Prosecutor. As the prisoners did not use any kind of brutality or inhumanity, I beg to recommend them to his Majesty's mercy .

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

433. JOHN CHILTON and WILLIAM MAYLIN were indicted for feloniously assaulting George Hayes , on the King's highway, on the 22d of October , putting him in fear, and feloniously taking from his person, and against his will, three guineas, his monies .

(The witnesses examined separate.)

GEORGE HAYES (a black) sworn.

I am a cook on board a West Indiaman . I was robbed last Saturday, the 22d of October, betwixt twelve and one at night, at Saltpetre-bank ; I was going to Denmark-street, Ratcliffe Highway; I came from the ship from Deptford; I was alone; I came through Rosemary-lane, and three men stopped me; I know two of them; (there is the man, one, and there is the other); they took me by the collar, and dragged me to Salt-petre-bank, and robbed me under the lamp, of three guineas; I saw them two or three yards from me; it was a dark night; but I took notice of them under the lamp; I am sure they are two of the men; I never saw them before; they were taken in three hours after; I gave a description to my landlord, and he carried me to the officer; they used no other violence than dragging me there; I should know the other if I saw him.

Prisoner. He swore to another man before? - No, only those two; I never got my money again.


I am a watchman in Welclose-square. Between twelve and one this man came crying to me, and said he was robbed of three guineas by three men; and he said two held him while the other picked his pocket; I took him to the watch-house.

JOHN COOK sworn.

I am headborough. On Saturday night, between one and two, I was alarmed, and went to the watch-house; the prosecutor said he had been robbed of three guineas, and should know the men; we first took Chilton at the Windmill; the prosecutor said he was one; then I went and apprehended the other, knowing they associated together, at his lodgings, on Saltpetre-bank; there were several other people in the house; and he gave me the beckon, and said that was one; and when the other man was taken, he said that was the other; there was a third taken, but he would not swear positively to him; I searched the prisoners, but found nothing.


Between five and six in the morning, I went into the Windmill and called for a pint of purl and halfpennyworth of gin, I was going on board of ship, and the officer came in, and brought in the prosecutor, and asked him if I was the man? he said nothing;they took him out again, and they brought him in again, and said they must have me for a robbery; they searched me, and only found a penny. They have been feeding that man, and giving him meat and drink for swearing our lives away.


I say the same.

Prisoner Chilton. He came to me when I was in the lock-up-room, and said, Chilton, had not you better save your own life? we were in the ale-house from that time till about a quarter of an hour of the time that they took us.

Court to Prosecutor. How were the men dressed that robbed you? - In short jackets, the same condition they are in now.

Court to Cook. When Chilton was taken, he says, Hayes did not know him at first? - Hayes gave me the beckon, and I went to the door with him, and asked him if he knew any body there? and he said that is one of the men; I said consider; he said he was sure.


GUILTY , Death .

When you took up Chilton, you knew immediately where to find Maylin, what has been their occupation? - They go to sea at times, but they have been home some time now, since the disturbance has been broke up.

Have you ever had any occasion to know them in your way before? - Yes, I have.

Both of them? - Yes, Chilton has been tried before.

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

434. MARGARET LOCKWOOD was indicted for stealing, on the 28th of September , three linen window curtains, value 5 s. a pair of cotton stockings, value 2 s. two sheets, value 5 s. a muslin apron, value 5 s. a cloth ditto, value 2 s. a linsey ditto, and a muslin handkerchief, value 4 s. two linen ditto, value 4 s. and two cotton bed gowns, value 4 s. the property of Lucy Alderman .


I live in East Smithfield , I sell things in the street ; I was robbed the 28th of September, of the things in the indictment, they were in my house, I had just sprinkled them down; I was not gone ten minutes, I left her and the things together. When I returned they were gone, and the prisoner; I took in the prisoner the Sunday before as a stranger, and this was Friday, it was all my clothes; she was taken that day week, she owned only to one apron and an handkerchief.


I took the prisoner into custody on the day week after the robbery; she had nothing about her, she said she took nothing but an apron and a handkerchief, and had lost them.


The house is an open house for every body to come in, loose men and loose women; the things were gone while I went of an errand.


Fined 1 s. and imprisoned six months in the house of correction .

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

435. JOHN ELLINGHAM was indicted for stealing, on the 17th of October , a man's toilinet waistcoat, value 5 s. the property of William Acres .


I am a carpenter by trade, I lost a toilinet waistcoat, the 17th of October, from my lodgings; I saw it there the evening before;I did not miss it till the evening, when I came home to bed; I accused the prisoner of it, and he owned it; he lodged with me, he staid one night after; I said nothing to him to induce him to confess. The duplicate was found in his pocket, I was present.

(Produced and deposed to.)


My father is a pawnbroker, the prisoner pledged this waistcoat with my father.


I told him of it, and he said I might.


To be publickly whipped , and imprisoned six months in the house of correction .

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

436. RICHARD COLLIER was indicted for stealing, on the 7th of October last, twenty-two pounds of bacon, value 5 s. the goods of Elizabeth Langhorne , widow .


I am servant to Mrs. Langhorne; the 4th of October she lost twenty-two pounds of bacon, it was Tuesday, half past seven o'clock; I was standing at the door, and I saw two men lurking about the window; I went over the way, I saw the prisoner go into the shop, and take two hocks of bacon. I went after him, and cried stop thief! Mr. Wiffin stopped him, the prisoner tumbled down, he dropped the bacon before that; I picked up the bacon; I never lost sight of him. Jacob Lodge has kept the bacon ever since.

- WIFFIN sworn.

I was going down Bartholomew-lane, the 4th of October, I heard the cry of stop thief; I saw the prisoner, he was walking down the lane, I took him; I saw the two hocks of bacon fall from him; he ran against Smart, and he fell down.


The prisoner was running in the lane, I crossed to stop him, and he kicked up my heels; I got up and pursued the prisoner.

(The bacon produced, and deposed to.)


Please you, my Lord, I was coming from work; I saw a man take the bacon, in running him I shoved this man down. Please you, my Lord, I served my seven years, and worked hard for my bread.

GUILTY . (Aged 22.)

Whipped , and imprisoned three months .

Tried by the London Jury before Mr. RECORDER.

337. WILLIAM CHAMBERLAYNE was indicted for stealing forty pounds weight of type, made of mixed metal, value 40 s. the property of James Andrews , the elder , and James Andrews , the younger , in their dwelling-house .

JAMES ANDREWS , the younger, sworn.

The prisoner was a journeyman to my father a fortnight; the 26th of October, in the evening, half past seven, he went out of the room where he was at work into a passage, I saw him through a hole in the door take some letter, and put into his pocket, some of the cases for the letter lay in the passage; he left work at eight, he went down stairs, I went before him; I stopped him, he was going out; he denied having any of the property about him; I sent for a constable, and searched him; he took out of his coat six pounds weight, he was sent to the Compter. We found some at an old iron shop, which he said he had sold the preceding day. I went the next day to the oldiron shop, where I found near two hundred weight; this was found by his direction in the house of William Stevens . I could not swear positively to the type; there was some of the type which we found at the iron shop did not all belong to us; the value of what I saw him take is 6 s.


Mr. Andrews came to me on Thursday, he brought a sample of types, he asked me if I had ever bought any of that kind? I said yes; I shewed them all I had, about two hundred weight. I bought of the prisoner; he said they were his perquisites as the sweepings of the shop. I am not a judge of them, I looked upon them as old lead; I gave 1 d. per lb.


I produce 6 lb. weight of letter which I took out of the prisoner's pocket, and some that I took out of a bag.

Prosecutor. He only worked a fortnight with us.


I know nothing at all of those in the bag, those which were found in my pocket I took from necessity, and I am very sorry for it.

GUILTY, Of stealing to the value of 6 s. (Aged 34.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

438. DAVID FRIGHT was indicted for stealing, on the 15th of October , thirty-six china cups, value 27 s. and thirty-six china saucers, value 27 s. the property of Miles Mason .

And MARGARET, the wife of THOMAS ALLEN , was indicted for feloniously receiving, on the 16th of October , the same goods, knowing them to have been stolen .

(The case opened by Mr. Garrow.)


I am a china merchant , on the 19th of this instant Mr. William Hewson gave me some information.

Mr. HEWSON sworn.

I am in the china trade, I received some cups and saucers of T. Dobsons, sen.

THOMAS DOBSON , junior, sworn.

I received some cups and saucers from the prisoner Allen, she brought some to my master's, Mr. Cotrell, in Shoe-lane, to sell; I asked her if she had any to sell me? she said if I would come to her on Sunday morning she would sell me some. I went and bought some breakfasting tea cups and saucers, gave 4 s. 6 d. for the tea and 5 s. for the breakfast; I delivered them to my father.

Prosecutor. About twelve o'clock I went to Guildhall, from thence to Allen's house, I asked if she had any china to sell? she hesitated a little at first, she said she had some patterns; she shewed me some; she went with me to the Poultry Compter, and she pointed out Fright, and said this is the man who sold me the china, that was Fright. The goods were in the possession of Lawrance and Clark. I have been a very great sufferer, I have lost from 300 l. to 500 l. The prisoner did not lodge in my house. He packs.


I am a marshalman.

(Prosecutor deposes to some broken china produced by Clark.)


I am a marshalman, I received this basket from Mr. Hewson.

Prosecutor. This is my property.

- ELLIOT sworn.

I am clerk to Mr. Mason.

Mr. Hewson. I bought a single lot of the same pattern. It is all gone into the country.

Elliott. I know that article, I had some conversation with the prisoner in the Compter, Mr. Wynn was with me. I asked him if any person had any of the goods except Allen? I told him he was in a bad situation; neither I or Mr. Wynn made him any promises.

Mr. WYNN sworn.

He said he had taken but few; he said Mrs. Allen knew they were stolen.


I was servant to Mrs. Allen, I have seen the prisoner Fright two or three times with my mistress. I know nothing about the china, I cannot tell any more.


I never sold this woman any china, this is my working dress, and if any body can suppose that I could take six cups and saucers out of the house I am willing to suffer the law.


I never bought any china of this man, I bought them of a Jew.


He lodged with me three years ago, I never knew any thing amiss of him, far from it.


He bears a good character.


I have known him five years. He bears a very good character.


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

Mrs. HIBBERT sworn.

He is a very honest man, I have known him some time.


I bought some earthen ware for her, she is a very fair, very honest dealing woman.


I have known her six years, she is, I believe, just and honest.


She is, as far as I know, very honest.


She always has borne a good character, she is a just and fair dealing woman.


She always has borne a good character, I have known her twelve years.


I am a salesman in Fleet-marker; she always bore a good character, I have trusted her, and am willing to give her any credit again.


Transported for seven years .


Transported for fourteen years .

Tried by the London Jury before Mr. Justice HEATH.

439. EDWARD WRIGHT was indicted for stealing, on the 17th of October , two iron buckles, plated with silver, value 3 s. the goods of John Davis .


I sell buckles , I live in Leadenhall-street .


I was going past, and looking in at the window I saw the prisoner take a pair of buckles, and put under a bag; he took them out of the window, they were two odd buckles; I took him to Mr. Davis's other shop; there was a young woman in the shop serving him. I produce the buckles.

Prosecutor. I know them to be my buckles.


I am a sawyer, I broke my arm some time ago, I deal in Rag-fair ; my master gave me a pair of shoes, so having a shilling or two I went to buy a pair; we could not agree, I laid my bag down, the buckles were under the bag; I do not know how they came there. I did not intend to steal them.

GUILTY . Whipped .

Tried by the London Jury before Mr. Baron HOTHAM.

440. JOHN HANNAKIN and JAMES HUGHES were indicted for stealing on the 7th of October , one silk pocket handkerchief, value 2 s. the property of John Inhose .

Joshua Green , a constable, saw the prisoner Hannakin take the handkerchief out of the prosecutor's pocket, and saw it afterwards in the hands of Hughes.


The handkerchief is marked with my mark, and here is another marked the same. I have a character down in the yard.

The prisoner called two witnesses to his character.


Privately whipped , and imprisoned six months .

Tried by the London Jury before Mr. COMMON SERJEANT.

441. JOHN SMITH was indicted for stealing, on the 24th of October , a leather portmanteau, six pair of silk stockings, ten pair of thread stockings, and five pair of cotton stockings, value 20 s. the property of Samuel Lellis , John Ashton , and others.

The prisoner was seen with the portmanteau on his shoulders, and immediately taken into custody.


Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

442. JOHN SULLIVAN was indicted for putting off a bad shilling, with intent to defraud William Plasket .

A second count for putting off a bad half crown, with the like intention.

(Mr. Fielding opened and stated the case.)


I keep the Golden Ball, in Cow-lane , on Thursday, the 22d of September, soon after dinner, between two and three, the prisoner called for a glass of gin, and wanted change for a shilling; the maid served him, I was present, I gave him change, and received the shilling, I cannot say whether I had the shilling from him or my maid; she was not out of the bar, I was particular in looking him good halfpence, he was not nice; as soon as I gave him change he called for a pint of beer, he had it. My wife asked me if it was a good shilling, while I examined it the prisoner went out, it was a crooked one, I found it to be a very bad one, it was the same shilling the prisoner gave me, I have no doubt, I put the shilling in my pocket, I kept the shilling in my pocket with two or three others, but I made sufficient observation to know it again.

Mr. Hosty, Prisoner's Counsel. Did you put any particular mark on the shilling so as to know it again? - Yes, I cut it on the edge?


I was present on the 22d, I saw the prisoner tender the shilling; and have a glass of gin, he called for a pint of been, but before it was drawn he went out; he returned in about ten minutes; I then asked my husband if he had examined the shilling? on his return he called for a glass of gin and bitters, he laid down half a crown, I looked at it, I tried it with aqua fortis, he tendered me a shilling, that was also bad; I called my husband, I asked him to look at the shilling he had taken before. I asked him what he had done with the change which he received of us for a bad shilling? he said he had been among a pack of whores. The constable was called, who took him into custody.

Mrs. Plasket. I delivered it to the constable. I saw the shilling marked.

The constable, Thomas Frith , produced the money. This money I received from Mrs. Plasket.

Mrs. Plasket. This is the money I received from the prisoner.

Mr. Plasket deposed to the same effect. I marked the money before I put it in my pocket, I was convinced it was a bad shilling before the prisoner returned.


I am a moneyer of the Mint, the two shillings and the halfcrown are bad, the shillings are worth about three halfpence, the halfcrown two-pence halfpenny.

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

GUILTY , of the first count.

Imprisoned six months in Newgate , and to find security for six months afterwards .

Tried by the London Jury before Mr. RECORDER.

443. JOHN OLIVIER was indicted, for that he, on the 9th of April last, unlawfully, wickedly and maliciously did cause to be written a certain defamatory libel, concerning one Grace Timmins .

(The ladies were desired to withdraw.)

The case was opened by Mr. Garrow, as follows:-

May it please your Lordship, Gentlemen of the Jury, you have collected from the officer, and from my learned friend who opened the indictment, that the defendant, who is now charged before you to enquire of his guilt, has it imputed to him, that he has written and published an infamous and obscene libel: the defendant stands near you, and, gentlemen, if you have been in the habit of attending Courts of Criminal Jurisdiction, you will find there are some circumstances in this, which do not belong to ordinary trials at this place; and therefore, we have been under the necessity, in order to preserve any, the least, attention to delicacy and decorum, to desire the female sex may retire; and we have been under the necessity of desiring that the offence may not be stated even among men in the terms of this libel; we have done this, because a more infamous, a more disgraceful collection of obscene words never met together in so small a compass: It may be asked, if this is the description of the libel, why is it brought forward into the view of the public, and why is the defendant brought here to answer for it? I reply, for this plain and obvious reason, because, if young men, like the defendant, are to be permitted to insult the retirement of the female sex, to write their poison to the wives and daughters of their neighbours, and to intrude themselves on the privacy of decent families, there is an end to all the decorum, and to all the morals of the publick; and therefore, however painful it may be to those who are obliged to stand forwards to produce such filth as this, it is indispensibly necessary, in order that any of us may have decorum, decency, and peace of society preserved inviolable, and that we may live in a state superior to that of beasts, it is necessary that cases like this should be brought before Courts of Justice; it will be my endeavour to do my part within the line prescribed by the decorum and the decency which belong to this place, in which I stand. Gentlemen, the situation of the parties is this: - The prosecutrix, Mrs. Timmins, is related, by the intercourses of marriage, with that young man at the bar, and it seems that some of the family have had unfortunate disputes leading to a divorce, whether the conduct of this Lady has given well or ill-founded offence, is not necessary to enquire; but he has taken the liberty of writing this which I have in my hand - you will be obliged to cast your eyes upon it - the Court must look at it - I know who I have to deal with onthe other side - I know there is no man who has so high a regard, I say so high a regard for the better part of our species than my learned friend, Mr. Fielding; therefore, I take it for granted, we shall have no public exhibition of it, and that those who are waiting to hear it, will be disappointed; but, Gentlemen, the Court and you will judge what sort of composition it is; this letter was written, as I shall prove to you, by the young man at the bar, and sent by the post to the prosecutrix, Mrs. Timmins; now it occurs to you, to ask how any body should behave on such a subject; when you see something written in the street that offends your eye, you take no notice of it; but this came by the post, therefore this Lady comes now to complain of it: the objects of inquiry will be two; first, was this written by the young man at the bar; and, next, was it sent, by the post, to the prosecutrix? With respect to that, it will be proved, by her, to have been received by her, with a post mark on it; with respect to the writing, I shall be under the necessity of calling to you several witnesses, who will be sorry to lend their assistance to convict their relation, their friend, and their partner; but I am told they are men of character, and I have no doubt, on the subject of handwriting. You know it is not required that a witness should be present at the time - the paper was written, it is not required that he should prove it is the hand-writing of the defendant, because that is a thing that no man can venture to do, unless he was present at the time, and knows the fact by some mark of his own; all that is required, is, that he believes this to be his hand-writing; therefore the labour upon me is extremely easy, and very short. I shall produce the paper, and shall put it into the hands of those acquainted with the handwriting of the defendant, and they will tell you that it is his, and then you will pronounce him guilty: The degree of punishment must rest with the Court. These are times in which it is clearly necessary that this sort of offence should be marked by a punishment pronounced upon it; we have seen Royal Proclamations filed by the Attorney General, which have been unavailing to suppress the public sale, distribution and dispersion, of the most infamous and obscene libel; we have seen the windows of the metropolis crouded with the most infamous and diabolical prints; such as no man, of common decency, can look at without shuddering with horror, such as no modest woman can venture to put her eyes upon. When people have the hardiness to avail themselves of the appetite of the public; I have said more, I am sure, than is necessary, more, I am sure, to impress you with the importance of the subject, a great deal more than can be necessary to excite the Court to lend it their best attention and assistance. I hope this young man will be made an example to others, not to sport at once, with the relationship he owes to the other sex, and, with all the principles of decency, public morality, and decorum.


I am a widow.

Did you receive that letter by the post? - I did.

Mr. Fielding. Mr. Olivier is related to you by marriage, your son married his sister? - Yes.

How long ago did the marriage take place? - Three years next February.

The young couple did not live with you, I presume? - No, Sir.

You carry on a business to yourself? - Yes.

They did not live comfortably together, and were separated? - Yes.

There is a suit now depending in the Commons for a divorce. Have you had any connection at all with Mr. Olivier? - No more than his living with my son, as a servant , who was in the silk line.

Had you any kind of quarrel with him? - Never in my life.

How long ago is it since you received this letter? - In April last.

Had you, Madam, in the opportunities you had of seeing this young man frequently,the opportunities of seeing him write? - I never saw him write.

When you received this letter, by the post, I apprehend you did not suppose it came from him? - I did not know from whom it came.

This young man has never behaved with any rudeness, or incivility to you? - He has behaved not so polite as I should have thought a gentleman should have done at my son's.

How long is it since the first disagreement took place between the young couple? - Some time about January last; they have lived separate ever since that time.

Pray, as you know of this suit instituted in the Commons, by your son, perhaps you may know there is a recrimination there on her part?

Mr. Garrow. I object to that.


I am son-in-law to the last witness. I am acquainted with the defendant exceedingly well; he was employed in the weaving line nine or ten months; his father-in-law was in partnership with us; I was well acquainted with his hand-writing.

Upon your mother's receiving this letter, did you make any application to the defendant on the subject? - Yes.

Did you know whose hand-writing it was on looking at the superscription? - I took it to be the defendant's.

Upon the letter being opened did you take the contents to be the same hand-writing? - Yes, I went to the defendant, and I said to him, how could you be so foolish to send such a letter as this to my mother? (Producing the letter,) he said, is it not true?

Mr. Garrow to Jury. There is an insinuation that this woman every night or every hour committed fornication? - I said to him you know it is not, and how could you be so foolish as to do it. I told him afterwards I was sure it was his, and that he had much better go and ask her pardon for sending such a thing; he said, I might go and give his compliments to her, and she might do her worst. Upon which I bid him good morning.

Look at that letter; from your acquaintance with the character of his hand-writing in five years, have you the least doubt in the world that that is his hand-writing, independant of his own confession? - I have not, I knew the first letter; that letter is quite nonsense, there is no making head nor tail of it.

Mr. Knowlys. You are a little related to the defendant, are not you? - I married his sister.

There is some dispute I believe between you and his sister in the Commons? - There is.

You have been a little anxious about that?

Mr. Garrow. I must once more ask whether the private history of a man's life is to be brought into question?

Mr. Knowlys. Have you never held any conversation with the defendant in that suit? - Not to my knowledge, I do not recollect; I might.

Have you never held any conversation relative to that suit, in which this business of the libel has been afloat, since it began? - No, Sir.

Did he ever expressly acknowledge that was his hand-writing? - He did not say it was his hand writing, only by his manner of expressing himself.

What expression did he make? - He said, is it not true? I took the letter out of my pocket, I went to pay some rent, and to speak to his father about it; he was not at home, and young Olivier took the money.

You told the defendant that you was sure it was his hand-writing? - Yes.

Now upon your oath did he ever say it was? - All the words as I have related before.

Do you mean to say that that is in his usual common hand-writing? - It is in his usual scrawl, not as if he sat down to write any thing.

In the manner he does write in his common way; if he had written any thing elsein the same manner, would you think it was his hand-writing? - I should.

How often have you seen him write? - A great many times.

This was in the beginning of April? - It was; it was about the middle.

You told a number of people of this? - No, I asked two; I asked Mr. Bassett for one.

Did not Mr. Bassett tell you, it was not his own hand-writing?

Mr. Garrow objected to the question, which was over-ruled by the Court.

Mr. Knowlys. I think you told me that you did ask two gentlemen their opinions? - Yes.

I want to know of you the names of those two gentlemen? - Mr. Bassett and Mr. Ellis. Mr. Ellis is here, he was our late foreman; he happened to come up into the warehouse, and I believe I shewed it to him, I shewed him the letter, because he seemed to understand something about it; he came to enquire how the disturbance went on; he said he had heard something fresh.

Where did you see Mr. Ellis? - He came into my warehouse.

Why did you shew it to Mr. Bassett? - Bassett came into the warehouse, I believe I asked whether Hewitt was at home.

Did you ask him whether that letter was the writing of the defendant? - I believe I did, I cannot charge my memory. Some days after Mr. Olivier met me, and said I have heard nothing. Says I, that is nothing to me. Says he, you cannot do any thing to me for it.

Mr. Garrow. Did you shew this to any body, from the least doubt of its being his hand-writing? - Not the least, I have no doubt to this time.

As far as any man can swear to a handwriting, you are positive? - Yes.

Mr. Garrow. Now I must trouble the gentlemen of the jury to read the letter; I shall not have it read publicly, but it is highly proper you should read it.

Mr. Fielding addressed the Jury on the part of the defentdant.


Mr. Knowlys. Do you know the defendant, Mr. Olivier? - Yes, ever since he was a child.

Have you been acquainted with his character of hand-writing? - Yes, ever since he went to school, I have had it backwards and forwards in my hand.

I believe Mr. Timmins shewed you this letter? - He shewed me a letter.

Is that the letter? - To the best of my knowledge it is.

It is rather a particular letter, did you give him your opinion of the hand-writing at the time? - I gave him my opinion at the time that it was not, to the best of my knowledge.

Now upon your oath, having known his hand-writing, do you believe that to be his hand-writing? - No, I do not.

Is he a good natured lad? - The young man always appeared whenever I have been with him, which was more or less every day, to be a good-natured mild kind of a lad.

Is he a moral lad? - Yes.

Mr. Garrow. I presume you are porter to Mr. Hewitt and Mr. Olivier's connexions? - Yes, formerly to the connexion which included Mr. Hewitt and Mr. Timmins, there has been some little difference.

It is not at all like your young master's hand-writing? - Not the least.

Look at it, it is not at all like any writing of his that you ever saw? - No, Sir, I cannot say I ever saw any like to this.

You do not think it bears the least resemblance to his hand-writing? - Not the least in the world.

You are astonished that any body should fancy it is like his writing? - Yes, I am.

Mr. Knowlys. It is not on account of any disagreement that you do not continue to be Mr. Timmins's porter? - No.

It is only on account of the inconvenient distance to which Mr. Timmins is removed? Yes.


I have known the defendant all his life, and for twelve or fourteen months past have particularly observed his hand-writing; I have never seen his writing before, but as a school-boy. This letter does not appear to me to be his hand-writing.

Mr. Garrow. Does it bear any the least similitude to his hand-writing? - I cannot say; one writing bears a similitude to another.

Therefore that bears a similitude to his writing? - It bears a similitude to writing.

Upon the oath you have taken, it does not bear any similitude to the hand-writing of the defendant? - I say not.

Not the least? - I say not.

Take it in your hand, Sir; what did you mean by saying to me that to be sure it did bear a similitude, because writing bears a similitude to writing; you have seen this young gentleman writing in your books? - Yes.

Have you seen his common ordinary scrawl? - No.

Never seen his scrawl? - I do not know any scrawl.

There is a misunderstanding between the two families? - Yes.

And you are the partner with this young gentleman's father-in-law? - I am.

This young man is very useful to you? - He does his duty.


I believe you are the father-in-law of this young man, the defendant? - Yes.

He is in your house? - Yes, I have known his hand-writing ten years.

Look at that letter, and give us your judgment whether it is your son-in-law's hand-writing or not? - Nothing like it, there is not one letter that is like it, I see his hand-writing constantly every day.


I live in Steward-street, Spitalfields, I know the young man, Olivier, I have been conversant with his hand-writing for two years ago.

From your memory of his hand-writing do you judge that to be his hand-writing? - I do not think it looks like his handwriting at that time, and he never was very fond of writing.

Mr. Garrow. You have seen it before? - Never before this evening.

Look at it. - If I look at it for seven years I shall not know it better.

Mr. Garrow replied on the part of the prosecution, and the learned Judge summed up the evidence, when the Jury immediately found the defendant


Fined 1 s. and imprisoned three months in Newgate .

Tried by the London Jury before Mr. RECORDER.

THOMAS CHASELAND , a Capital Convict, being put to the Bar, accepted his Majesty's Pardon, on Condition of being transported for Life .

John Williams was called on his recognizance; and not appearing, his recognizance was ordered to be estreated.

Michael Schoole 's trial was removed by certiorari.

The Trials being ended, the Court proceeded to give Judgment, as follows:

Received Sentence of Death, 18.

Carver, Benjamin - 412

Clarke, George - 410

Chilton, John - 433

Coleman, Benjamin, alias Coburne 408

Davis, William, alias Robert Hudson 417

Fletcher, James - 414

Kingland, David - 432

Low, Coleman - 415, 416

Maling, William - 433

Pelfreyman, William - 411

Powel, Elizabeth - 429

Randall, James - 411

Sennett, Francis - 410

Underwood, William, alias Whittaker 392

Walker, William - 416

Wells, John - 432

White, David - 431

Young, Samuel - 485

To be transported for Fourteen Years, 1.

Allen, Margaret - 438

To be transported for Seven Years, 27.

Chambers, Elizabeth - 402

Chamberlayne, William - 337

Colugh, Elizabeth - 396

Deeley, John - 426

Flynn, Mary - 427

Ford, William - 419

Fright, David - 438

Hughes, Mary - 395

Johnson, John, alias Kelly - 382

Jones, William - 428

Isaacs, Simon - 393

Kincaid, Thomas - 389

Matthews, Ann - 409

Moore, John - 405

Miller, Edward - 424

Naun, Susanna - 391

Owens, John - 400

Rainsley, Thomas - 384

Rossiter, Thomas - 424

Simims, William - 413

Simpson, James - 406

Smith, John - 441

- , Michael - 421

Tennant, John - 418

Tellfair, William - 397

Warren, John - 402

Woodhouse, Mary - 390

To be imprisoned One Year, 2.

Thomas Parkins (fined 1 s.); William Clinch (fined 1 s.)

To be imprisoned Six Months, 10.

John Hannakin , James Hughes , Mary Hopwood (fined 1 s.); Elizabeth Caverner (fined 1 s.); Sarah Eades , Susannah Kitchin , William, alias Thomas Williams , Patrick Doran (fined 1 s.); Margaret Lockwood (fined 1 s.); John Ellingham (fined 1 s.); John Sullivan (and to find security); John Olivier (fined 1 s.)

To be imprisoned Three Months, 1.

Richard Collyer .

To be whipped, 6.

Edward Shepheard , Edward Wright , Christopher Chandler , John Dempsey , Charles Crawley , James Wallis .

Sentence respited on JOSEPH MANNIKEY , till the next Sessions.

THOMAS CHASELAND , a Capital Convict, being put to the Bar, accepted his Majesty's Pardon, on Condition of being transported for Life .


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